Arvind Sahni @ Arbind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58964 of 2022 Arising Out of PS. Case No.-252 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== ARVIND SAHNI @ ARBIND SAHNI, Son of Madan Sahni Resident of village- Rahua, P.S- Rosera, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Let the defect (s), if any, 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 Khodawandpur P.S. Case No. 252 of 2020 registered for the alleged offences under Sections 120(B), 414, 465 and 477 of the Indian Penal Code and Section 30(a) and 41(A) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, recovery of 1298.82 liters of India made foreign liquor was made from a Tata 407 vehicle and 8 co-accused persons were apprehended from the spot. The driver of the vehicle named the petitioner along with other co-accused persons as the owners of the illicit consignment who

Patna High Court CR. MISC. No.58964 of 2022(2) dt.25-11-2022 2/3 fled away taking advantage of fog when police intercepted the vehicle.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. Charge sheet has been submitted in this case and the petitioner is in custody since 20.08.2022. The petitioner has got clean antecedent.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and also considering the submission of charge sheet along with period of custody of the petitioner and his clean antecedent, 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 Exclusive Special Excise Judge-I, Begusarai in connection with Khodawandpur P.S. Case

Patna High Court CR. MISC. No.58964 of 2022(2) dt.25-11-2022 3/3 No. 252 of 2020, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also 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) Gautam/daya U T