Ram Bharos Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74840 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Ram Bharos Sahani son of Bhabhikhan Sahani Village- Lakhaura Purbari Tola, Ps- Lakhaura, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsels for the parties.
2. The petitioner is seeking for bail in connection with Lakhaura P.S. Case No.81 of 2024, for the offences punishable u/s 30 (a), 32, 41(i) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Altogether 60 liters of foreign liquor is said to have been recovered from the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no concern with the seized pick up van. Petitioner has one criminal antecedent and is in judicial custody since 05.08.2024.
5. Petitioner is agreed to deposit a sum of Rs.5000.00
Patna High Court CR. MISC. No.74840 of 2024(2) dt.13-12-2024 2/3 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch.
6. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Lakhaura P.S. Case No.81 of 2024, with 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. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the
Patna High Court CR. MISC. No.74840 of 2024(2) dt.13-12-2024 3/3 learned Court below on showing receipt of deposit of aforesaid amount in the Mahavir Cancer Sansthan.
(Anjani Kumar Sharan, J) shikha/- U T