Sunil Sahani Alias Katwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 71592 of 2021 Arising Out of PS. Case No.-477 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== Sunil Sahani Alias Katwa Son of Nandan Sahani Resident Of VillageGoriyari Bakhari, Ward No 16, P.S- Bakhari, Dist- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Bakhari P.S. Case No. 477 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 15 litre country made liquor and 500 litre soaked raw material for producing liquor from village Lichhwi Gachhi and petitioner fled away from the spot. Chowkidar has disclosed the name of the petitioner as fled away person.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No. 71592 of 2021(3) dt.22-07-2022 2/3 petitioner is in custody since 25.09.2021 and bears criminal history of two cases of similar nature. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner further submits that petitioner was not apprehended on the spot and he has no concern with the recovered liquor. Nothing has been recovered from the conscious possession of the petitioner and the name of the petitioner has been falsely implicated in this case.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration that petitioner is not apprehended on the spot and the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Begusarai in connection with Bakhari P.S. Case No. 477 of 2020 subject to following conditions:-

Patna High Court CR. MISC. No. 71592 of 2021(3) dt.22-07-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) sanjeev/- U T