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Patna High CourtCR. MISC./810/2025allowed

Ram Pravesh Sahni @ Ram Prawes Sahni v. The State Of Bihar

2025-02-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 810 of 2025 Arising Out of PS. Case No.-106 Year-2024 Thana- Panapur District- Muzaffarpur ====================================================== Ram Pravesh Sahni @ Ram Prawes Sahni Son of Late Yogendra Sahni Resident of Village - Shyampur Bhoj @ Shyampura Bhoja, P.S. - Panapur Kariyat, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30(a), 32(i)(ii), 36, 41(i) of Bihar Prohibition and Excise Act, 2016-22.

3. As per the FIR, altogether 933.12 liters of illicit foreign liquor is said to have been recovered from the truck. Two persons were apprehended. Apprehended persons disclosed the name of the petitioner that he is also involved in the present case.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No

Patna High Court CR. MISC. No. 810 of 2025(2) dt.07-02-2025 2/3 incriminating article has been recovered from the conscious physical possession of the petitioner. He is poor labourer and has no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired on the basis of disclosure made by the apprehended co-accused persons which has no evidentiary value in the eye of law. Petitioner has five criminal antecedent of similar nature of offence.

5. Petitioner is agreed to deposit a sum of Rs.50,000.00 (Rupees Fifty Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Panapur Kariyat P.S. Case No. 106 of 2024, subject to the condition as laid down under Section 482 of

Patna High Court CR. MISC. No. 810 of 2025(2) dt.07-02-2025 3/3 BNSS, with the following conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Lawyers' Association Welfare Benevolent Fund, Patna.

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