Jai Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76773 of 2023 Arising Out of PS. Case No.-455 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Jai Kumar Sahni Son of Sheonath Sahni @ Shiv Nath Sahani R/o vill - Ajagarwa, P.S. - Lakhaura, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act.
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 40 liters of country made liquor is said to have been recovered in a bag from the place of occurrence. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further
Patna High Court CR. MISC. No.76773 of 2023(2) dt.02-12-2023 2/3 submits that villagers and Chaukidar disclosed the name of the petitioner. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. Petitioner has three criminal antecedents as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.40,000.00 (Rupees Forty Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, considering no recovery is found from the conscious possession of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Mufassil (Lakhaura) P.S. Case No. 455 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to
Patna High Court CR. MISC. No.76773 of 2023(2) dt.02-12-2023 3/3 the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) annpurna/- U