Sushil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76667 of 2018 Arising Out of PS. Case No.-564 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Sushil Sahni, Son of Ramchandra Sahni, Residence of Village- Shitalpatti, Police Station- Sahiyara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Complaint Case No. C-2/564 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act,2016. Informant has alleged that some persons were bringing Nepali Saufi from Nepal to India and as they entered into India on seeing the police some of the accused fled away to Nepal and petitioner was arrested along with 225 litres of illicit liquor.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is a labourer and the illicit seized liquor does not belong to him nor he was carrying the same, he was only a passer-by and was

Patna High Court Cr.Misc. No.76667 of 2018(2) dt.19-12-2018 2/2 apprehended by SSB. Petitioner has got no criminal antecedent and is in custody since 21.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd cum Special Judge Excise Act, Sitamarhi, in connection with Complaint Case No. C-2/564 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/manojU T