Bhushan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66727 of 2023 Arising Out of PS. Case No.-425 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Bhushan Sahani, Son of Ram Swarth Sahni @ Bachcha Sahani R/V- Gunai Basahi, P.S.- Tajpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tajpur P.S. Case No. 425/2023 lodged on 31.07.2023 under Section 30(a), 41(i) (ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total recovery of 785.665 litres of foreign illicit liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged recovery has not been made from the possession of the petitioner rather it has been made near a bridge which is a public place. The petitioner has not been arrested form the place of

Patna High Court CR. MISC. No.66727 of 2023(2) dt.16-10-2023 2/3 seizure, rather his name has been disclosed by co-accused, Ashok Sahni, who was apprehended from the place of occurrence. The petitioner is in custody since 31.07.2023 and is accused in one more criminal case, in which he is on bail.

4. Learned counsel for the State opposes the prayer for bail.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Tajpur P.S. Case No. 425/2023 in connection with learned Special Judge Excise Court-2, Samastipur, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.66727 of 2023(2) dt.16-10-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T