Dukhan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84881 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== DUKHAN SAHNI Son of Late Sito Sahni Resident of Village - Parora, P.S.- Khodawandpur (Chhaurahi O.P.), Distt - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No. 213 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the alleged recovery of illicit liquor has not been made from the hut of the petitioner rather the same has been recovered from a vacant place to which the petitioner has no concern. It is further submitted that the petitioner is in custody since 06.11.2019 having no criminal antecedent.

Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein it is the submissions of the petitioner that the illicit liquor

Patna High Court CR. MISC. No.84881 of 2019(2) dt.20-12-2019 2/2 has been recovered not from the hut of this petitioner but is alleged to have been recovered from a vacant plot besides the hut of this petitioner and the petitioner is in custody since 06.11.2019 having no criminal antecedent, let the petitioner above named be released on bail after completion of investigation in connection with Khodwandpur (Chhaurahi O.P.) P. S. Case no. 213 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise, Begusarai, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) avin/- U T