Radhe Sahni @ Radhe Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62596 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Radhe Sahni @ Radhe Sahani Son of Khattu Sahani @ Sagar Sahani Resident of Village - Binalpur Bind Toli, Police Station - Teghra, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Prerna Anand For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in a case registered for offence punishable u/s 30 (a), 30(c) of Bihar Prohibition & Excise Act.
3. Altogether 800 liters of jaggery solution and other articles is said to have been recovered from the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. Petitioner has two criminal antecedent of similar nature of offence and is in custody since 07.12.2023 and similarly situated
Patna High Court CR. MISC. No.62596 of 2024(2) dt.13-09-2024 2/3 co-accused has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.22674 of 2024 dated 22.03.2024 (Annexure-P/3).
5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6.
Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Teghra P.S. Case No.60 of 2023, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will
Patna High Court CR. MISC. No.62596 of 2024(2) dt.13-09-2024 3/3 inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) pallavi/- U T