Sikandar Kumar Sahni @ Sikindar Sahni @ Sikandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56866 of 2022 Arising Out of PS. Case No.-629 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Sikandar Kumar Sahni @ Sikindra Sahni @ Sikandra, S/O - Ram Babu Sahani, R/O - Vill- Dharpur, P.S- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Meenapur P.S. Case No. 629 of 2019, registered for the alleged offences under Sections 272, 273, 420, 120 (B), 414 of the Indian Penal Code and Sections 30 (a) and 41 of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 2157.12 liters of India made foreign liquor was recovered from two trucks and some pick up vans near Bagmati River and the co-accused Arun Kumar was apprehended from the spot, who disclosed the name of the petitioner along with other co-accused persons, who were

Patna High Court CR. MISC. No.56866 of 2022(2) dt.24-11-2022 2/3 involved in bringing this liquor and doing the business of illicit liquor.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not arrested from the spot and except for the confessional statement of co-accused, there is nothing against this petitioner. The petitioner has been named in this case due to village politics and he has also been falsely implicated in other cases as well. The charge sheet has been submitted and the petitioner is in custody since 12.05.2022.

Learned APP opposes the prayer for bail submitting that huge quantity of liquor has been recovered and the petitioner is stated to be involved in the trade of illicit liquor. The petitioner has got criminal antecedent and is accused in other such cases.

Having regard to the submissions made hereinabove and considering the submission of charge sheet along with his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Meenapur (Muzaffarpur) P.S.

Patna High Court CR. MISC. No.56866 of 2022(2) dt.24-11-2022 3/3 Case No. 629 of 2019 subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T