Bechan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67648 of 2022 Arising Out of PS. Case No.-222 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== Bechan Sahni, aged about 40 years, Male, S/O Dulahi Sahni Residend of village- Darima Tole, Itharwa, P.S.- Keoti, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Keoti P.S. Case No. 222 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition of Excise (Amendment) Act 2022. There is alleged recovery of 45 (forty five) litres of 'nepali' liquor from the hutment and its vicinity.

Learned counsel for the petitioner submits that on account of his presence near the place of recovery, he has been apprehended on suspicion. Having no criminal antecedents, he is in custody since 20.07.2022. It is submitted that investigation is complete. Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, allegation, manner of recovery, clean antecedents, period of custody 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.

Patna High Court CR. MISC. No.67648 of 2022(2) dt.10-02-2023 2/2 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 Exclusive Special Judge-I (Excise Act), Darbhanga, in connection with Keoti P.S. Case No. 222 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) rajkishore/- U T