Pradip Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80891 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- RAIL P.S. DARBHANGA (JAYNAGAR) District- Madhubani ====================================================== 1.

PRADIP SAHANI Son of Saukhi Sahani 2.

Ashok Sahani Son of Hiralal Sahani.

Both Resident of Village-Khaira Tola Madhiya Kamalabari, Ward No. 13, P.S. - Basopatti, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-01-2020 Heard learned counsel for the parties.

Petitioners who are in custody seeks bail in a case registered for the offence punishable under Sections 272, 273, 414 IPC and 30(a) of Bihar Prohibition and Excise Act,2016. Allegation against petitioner is recovery of 51 litres of Nepali country made liquor from petitioner no.1 and 45 litres of Nepali country made liquor from petitioner no.2. It is submitted on behalf of the petitioners that petitioners are innocent and has been falsely implicated in this case on basis of suspicion and nothing was recovered from their conscious possession. They have got no criminal antecedent and are in custody since 17.11.2019.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.80891 of 2019(2) dt.13-01-2020 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Rail Darbhanga (Jaynagar) P.S. Case No.207/2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(4) If the petitioners are found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Prakash Narayan /- U T