Chandra Shekhar Sahani @ Chandrashekhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84187 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.
Chandra Shekhar Sahani @ Chandrashekhar Kumar Son of Shatrudhana Sahni @ Shtrudhan Sahni @ Shatrudhan Sahni Resident of Village - Dumaria, P.S. - Sidhwaliya, District - Gopalganj 2.
Shatrudhana Sahani @ Shtrudhan Sahni @ Shatrudhan Sahni Son of Ramrit Sahni @ Ramrup Sahni Resident of Village - Dumaria, P.S. - Sidhwaliya, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurabh Kumar For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 200 litres of country made liquor is said to have recovered from the place of occurrence. He submits that the petitioners are neither the driver nor the owner of the seized motorcycle The petitioner no. 1 has one
Patna High Court CR. MISC. No.84187 of 2024(2) dt.16-12-2024 2/3 criminal antecedent of similar nature and petitioner no. 2 has two criminal antecedents of similar nature as stated in para-3 of the bail application.
4. Petitioner no. 1 is agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) and petitioner no. 2 agreed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand) in Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna.
5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each 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 Mohammadpur P.S. Case No.198 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., subject to the further conditions that:
(1) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.84187 of 2024(2) dt.16-12-2024 3/3 the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.
(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
6. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) anand/- U T