AKHILESH SAHANI v. The State of Bihar BIHAR
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Arvind Prasad Singh, Adv. Mr.Anish Chandra, A.P.P. ORAL ORDER 2 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Excise (Patna) P.S. Case No. 1684 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, 30 litre illicit chulai liquor was recovered from the jute bag of the petitioner and he was apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is in custody since 11.11.2023 and bears no criminal antecedent. Petitioner has no concern with the alleged liquor. No incriminating article has been recovered from the possession of the petitioner. He is quite innocent and has committed no Patna High Court CR. MISC. No.6833 of 2024(2) dt.09-02-2024 offence as alleged against him in F.I.R. Seizure list has not been prepared as per law.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise III, Patna in connection with Excise (Patna) P.S. Case No. 1684 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to Patna High Court CR. MISC. No.6833 of 2024(2) dt.09-02-2024 move for cancellation of bail. (Alok Kumar Pandey, J) alok/- U T
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