Shreekant Sahni @ Shreekant Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69884 of 2019 Arising Out of PS. Case No.-855 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

SHREEKANT SAHNI @ SHREEKANT CHAUDHARY S/o- Late Ramchandra Sahni R/O Village- Panditpur, Malahi Tola, P.S.- Piprakothi, Dist.- East Champaran.

2.

Surendra Sahni S/o- Ramawatar Sahni R/O. Village- FursatPur Bairiya, P.S.- Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Excise Case No. 855 of 2019, disclosing the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioners are said to have been apprehended by the excise officials and found in possession of 80 litres of country-made liquor which they were carrying in a motorcycle, allegedly.

Learned counsel for the petitioners has submitted that the petitioners have no criminal antecedent and it is ordinarily not possible that 80 litres of country-made liquor can be carried in a motorcycle. He has further submitted that since

Patna High Court CR. MISC. No.69884 of 2019(2) dt.18-12-2019 2/2 the witnesses are public servants, there is no chance of the petitioners tampering with the evidence or influencing the witnesses. He has also submitted that the petitioners would present themselves for the Court for inquiry/ trial as and when required.

Considering the above submission and the fact that the petitioners have no criminal antecedent, this application is allowed. Let the petitioners, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), each with two sureties of the like amount, each to the satisfaction of learned Special Judge, Excise, East Champaran, Motihri in Excise Case No. 855 of 2019.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T