Sudama Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53875 of 2017 Arising Out of PS. Case No.-106 Year-2017 Thana- DUMRIAGHAT District- East Champaran ====================================================== Sudama Sahani, s/o late Kailash Sahani, r/o Semuapur, P.S. Dumariyaghat District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. NIRMAL KUMAR SINHA, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30 (a), 37 (a) (b) (c) of Bihar Excise Amendment Act.

It is contended that, as per allegation, 6 liters of country made liquor was recovered from the possession of the petitioner. It is urged that the petitioner is in custody since 27.07.2017 and, as such, he has completed about four months in custody. It is stated in paragraph 3 of the bail petition that the petitioner is also involved in Dumariyaghat P.S. Case No. 141/16 under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of Bihar Excise Amendment Act.

Patna High Court Cr.Misc. No.53875 of 2017(2) dt.23-11-2017 2/3 Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 106/2017 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Motihari, East Champaran within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted

Patna High Court Cr.Misc. No.53875 of 2017(2) dt.23-11-2017 3/3 by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T