Pramod Sahani @ Pramod Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81608 of 2019 Arising Out of PS. Case No.-705 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Pramod Sahani @ Pramod Kumar Sahani Son of Upendra Sahni Resident of Village - Arara, P.S.- Kanti (Panapur O.P.), District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajiv Ranjan, Advocate For the Opposite Party :

Mr.Ram Bachan Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioner apprehends arrest in a case registered for the offence punishable under section 30a/34 of the Bihar Prohibition and Excise Act, 2016.

Four liters of liquor was recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the said recovery is from the house of joint family to which he is no way concerned. Petitioner has got no criminal antecedent. There is no allegation of tampering with the evidence. Mandatory provisions of section 100 Cr.P.C. has not been followed for search and seizure.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within a period of six weeks from today, let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur in Kanti (Panapur OP) Police Station Case No. 705

Patna High Court CR. MISC. No.81608 of 2019(2) dt.11-12-2019 2/2 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T