Patna High CourtCR. MISC./78088/2018bail granted

Arjun Sahni v. The State Of Bihar

2019-01-08Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78088 of 2018 Arising Out of PS. Case No.-227 Year-2018 Thana- DURAULI District- Siwan ====================================================== Arjun Sahni S/o Sukhari Sahni, R/o Vill.- Sarna Mathiya , P.S.- Darauli, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr.Smt. Sharda Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Darauli P.S. Case No. 227 of 2018 registered for the offences punishable under Sections 30(a), 38(1), 41(1) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 9.920 ml. of foreign liquor from the possession of the petitioner which was kept in white colour plastic bag.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is in custody since 13.10.2018.

Considering the aforesaid fact and circumstances of

Patna High Court Cr.Misc. No.78088 of 2018(2) dt.08-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Darauli P.S. Case No. 227 of 2018, subject to 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 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 offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T