Subodh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2968 of 2024 Arising Out of PS. Case No.-465 Year-2023 Thana- Excise P.S. District- Samastipur ====================================================== Subodh Sahni S/o Rampreet Sahni Resident of Village - Dadhiya Asadhar, P.S- Angarghat, District -Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Samastipur Excise P.S. Case No. 465 of 2023 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, the F.I.R. has been lodged against the petitioner and total recovery of 4 liter wine has alleged to be made from his hut.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that petitioner is subject to conspiracy.

5. Counsel further submits that petitioner is in custody since 04.11.2023 and there are two criminal cases pending against him. He submits that charge-sheet has already been

Patna High Court CR. MISC. No.2968 of 2024(2) dt.31-01-2024 2/3 submitted in this case.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.2, Samastipur in connection with Samastipur Excise P.S. Case No. 465 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No.2968 of 2024(2) dt.31-01-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Prakashmani/- U T