Patna High CourtCR. MISC./71758/2024bail granted

Jitendra Sahni v. The State Of Bihar

2024-10-23Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71758 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Jitendra Sahni Son of Yogendra Sahni Resident of Village- Madhu Chhapra, PS- Bairagania, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bairagania P.S. Case No. 186 of 2024 dated 29.07.2024, instituted for the offence punishable under Sections 30(a)(c) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. The allegation is of recovery of 281.4 litres Nepali Saufi liquor from four bags kept on three motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner was not arrested at the spot, the name of the petitioner has been dragged in this case only on the basis of disclosure made by the local Chaukidar. It is further submitted nothing has been recovered either from the

Patna High Court CR. MISC. No.71758 of 2024(2) dt.23-10-2024 2/3 conscious possession or from the house of the petitioner. However seized motorcycles are not belong to the petitioner. Lastly, it has been submitted that petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bairagania P.S. Case No. 186 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Sitamarhi, subject to condition as laid down under Section 438(2) of the Cr.P.C. as also the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

Patna High Court CR. MISC. No.71758 of 2024(2) dt.23-10-2024 3/3

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. 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.

(Khatim Reza, J) Sankalp/- U T