Nitesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35866 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Nitesh Sahni Son of Nandan Sahni Resident of Village- Charkoriya, P.S.- Kudhani, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with P.R.20 of 2017-2018, Excise Case No.73 of 2017 , registered for offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 242 ltrs. of foreign liquor.

Submission of the learned counsel for the petitioner is that the FIR itself shows that the recovery is from the house of one co-accused and not from the petitioner and further the petitioner is mentally sick and he is in custody for about three months. The petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.35866 of 2017 (2) dt.09-08-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, 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 learned 3rd Addl. Sessions Judge-cum-Special Judge, Excise Act, Muzaffarpur in connection with P.R.20/17-18, Excise Case No.73 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (iv) If his name transpired in future in other case, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U