Bigan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85256 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- PIPRAHI District- Sheohar ====================================================== 1.
Bigan Sahni Son of Late Laxman Sahni Village- Piprahi Punrwas ward No.3 PS- Piprahi Dist- Sheohar 2.
Amindra Sahni Son of Bigan Sahni Village- Piprahi Punrwas ward No.3 PSPiprahi Dist- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2024 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 Act, 2022.
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 131.4 litres of Nepali liquor is said to have recovered from the place of occurrence. He submits that the prosecution case is totally false, frivolous and has been lodged with malicious intention at the behest of
Patna High Court CR. MISC. No.85256 of 2024(2) dt.12-12-2024 2/3 petitioners' enemy in which the petitioners have been dragged on account of the dirty village politics. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
4. Petitioners are agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) each 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 eight 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 Piprahi P.S. Case No.112 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:
(1) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to
Patna High Court CR. MISC. No.85256 of 2024(2) dt.12-12-2024 3/3 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 is 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.
7. However, the learned Court below is directed to verify the criminal antecedent of the petitioners before accepting the bail bonds. If it is found that the petitioners are involved in any other case prior to the present case their bail bonds shall not be accepted.
(Anjani Kumar Sharan, J) anand/- U T