Deepak Kumar Sahani @ Deepak Sahni @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 65650 of 2022 Arising Out of PS. Case No.-490 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== DEEPAK KUMAR SAHNI @ DEEPAK SAHNI @ DEEPAK KUMAR S/O SURYA SAHNI Resident of village- Pahetiya, P.S.- Hajipur Sadar, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr Md Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar through Virtual Mode.

The petitioner seeks bail in Hajipur Sadar Police Station (for brevity, PS) Case No 490 of 2022 registered for the offence punishable under Sections 30 (a), 32 (ii), 36, 41 (i) of Bihar Prohibition and Excise (Amendment) Act (for brevity, the Act), 2018 and Sections 414, 420 of Indian Penal Code. The police have seized a truck laden with 5072.04 liters of illicit liquor. The petitioner's name has come on secret information in the course of investigation that he is also party to the illicit trade of liquor.

Learned counsel submits that since earlier, the

Patna High Court CR. MISC. No.65650 of 2022(2) dt.13-01-2023 2/3 petitioner has been made accused in cases under the Act, his name has been dragged in the instant case. There is no cogent material to connect the petitioner with the recovery. He is in custody in connection with this case since 18.10.2022. Learned APP has opposed the prayer for bail.

Having considered 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 is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise Court-I -cum- Additional Sessions Judge, Vaishali at Hajipur, in Hajipur Sadar PS Case No 490 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

Patna High Court CR. MISC. No.65650 of 2022(2) dt.13-01-2023 3/3 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) M.E.H./- U T