Umesh Sahni vs The State Of Bihar on 17 January, 2020

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Patna High Court - Orders

Umesh Sahni vs The State Of Bihar on 17 January, 2020

Bench: S. Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86322 of 2019
                      Arising Out of PS. Case No.-566 Year-2018 Thana- BAHERA District- Darbhanga
                 ======================================================
                 UMESH SAHNI, Male, aged about 42 years, Son of Sita Ram Sahni, R/o
                 Village- Dome Dhuriya, P.S.- Keoti, Distt- Darbhanga.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Girish Chandra Jha, Adv.
                 For the Opposite Party/s :       Mr. Harendra Prasad (APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. KUMAR
                                       ORAL ORDER

2   17-01-2020

Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Section 30(a), 32(iii) and 41 (i) of the Bihar Prohibition and Excise Act.

Allegation is recovery of 1476 liters of Nepali liquor from the Pick-up van of which petitioner is the owner.

It has been submitted on behalf of the petitioner that he is innocent and was not aware that illicit liquor is being transported in his van which was being done without his knowledge or consent. Petitioner is in custody since 21.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) Patna High Court CR. MISC. No.86322 of 2019(2) dt.17-01-2020 2/2 with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge (Excise) Darbhanga, in connection with Bahera P.S. Case No. 566 of 2018, subject to conditions:

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

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court. (3) If the petitioner 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 petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/-

U         T

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Patna High Court - Orders