Kailash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77602 of 2019 Arising Out of PS. Case No.-583 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Kailash Sahni Son of Mohanlal Sahni Resident of Village - Charkoriya, P.S.- Kudhani, District- Muzaffarpur 2.

Shivnarayan Kumar @ Shivnarayan Sahni Son of Late Vashishth Narayan Sahni Resident of Village - Charkoriya, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

About 22 liters of foreign liquor was recovered from a motorcycle on which both the petitioners were there. The petitioners have stated on oath that they have got no criminal antecedent. The petitioners are in custody since 07.09.2019. Investigation of the case is already complete. There is no allegation of tampering with the evidence.

Considering the nature of allegation and the period

Patna High Court CR. MISC. No.77602 of 2019(3) dt.09-12-2019 2/2 already undergone as well as completion of investigation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Kudhni (Turki O.P.) P.S. Case No.583 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T