Pramod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63560 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== PRAMOD SAHNI male, aged about 22 years, S/O SAJJAN SAHNI Resident of village- Umgaon, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with GR No. 1339 of 2022 arising out of Harlakhi PS Case No. 236 of 2022 , registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

While four persons have allegedly been stopped during patrolling duty, three have fled away and the petitioner has been apprehended. It is alleged that on his disclosure the other three persons, were subsequently arrested and from their possession there was recovery of 131.4 litres of illicit liquor. The learned counsel for the petitioner submits that even as per prosecution case there is no recovery from the petitioner. His implication is on account of his antecedent in Harlakhi PS case No. 40 of 2022. Petitioner has no connection with the other three persons. He is in custody since 04-08-2022.

Patna High Court CR. MISC. No.63560 of 2022(2) dt.13-01-2023 2/2 Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II- cum- Spl. Judge Excise Act, Madhubani, in connection with GR No. 1339 of 2022 arising out of Harlakhi PS Case No. 236 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T