Tuntun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82250 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== Tuntun Sahani S/O Bilash Sahani Resident of village- Jagatiya, Ward No. 03, Police Station- Pakaridayal, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. 70 liters of country made liquor is said to have been recovered from the straw house of the petitioner.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern with the seized liquor. No incriminating article has been recovered from the conscious physical possession of the petitioner. The place of recovery is an open place and someone had put the alleged illicit liquor to implicate the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has two criminal antecedents

Patna High Court CR. MISC. No.82250 of 2024(3) dt.04-02-2025 2/2 and has been languishing in custody since 24.09.2024.

5. Petitioner is agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No.: 7801893276, IFSC Code : IDIB000L501, Bank Name: Indian Bank, Branch-LNMI, Bailey Road, Patna.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Pakaridayal P.S. Case No. 226 of 2024, subject to condition 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 in the account of Lawyers' Association Welfare Benevolent Fund.

(Anjani Kumar Sharan, J) Trivedi/- U T