Raj Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69730 of 2021 Arising Out of PS. Case No.-229 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== 1.

Raj Kumar Sahni Son of Sagar Sahni Resident of village - Ranipur Matrhari, P.S.- Benipatti, District - Madhubani.

2.

Mohan Sahni Son of Raj Kumar Sahni Resident of village - Ranipur Matrhari, P.S.- Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kishore Jha, Senior Advocate Mr. Siddhartha Aditya, Advocate Mr. Shankar Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-05-2022 Heard Mr. Kaushal Kishore Jha, learned Senior Advocate assisted by Mr. Siddhartha Aditya for the petitioners and learned APP for the State through the virtual court proceedings. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned Senior Counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that total 873 litres of liquor has been recovered in which 108 litres of liquor has been recovered from a car and rest liquor has been recovered from a pond. It is submitted that

Patna High Court CR. MISC. No.69730 of 2021(2) dt.20-05-2022 2/3 petitioner no.1 has got one criminal antecedent of similar nature and petitioner no.2 has got no criminal antecedent. Petitioners are agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) each in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the facts aforesaid and the fact that there is no recovery from the conscious possession of the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending/successor court in connection with Benipatti P.S. Case No. 229 of 2021, subject to the conditions:

(1) As laid down under Section 438 (2) of the Code of Criminal Procedure.

(2) One of the bailors will be own blood relative of the petitioners, preferably, father, mother, brother, sister and/or wife.

(3) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.69730 of 2021(2) dt.20-05-2022 3/3 The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipts of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) S.KUMAR/- U