Allowed

Chalitar Sahani v. The State Of Bihar

Patna HC1 Feb 2018CR. MISC./3606/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a liquor contravention case involving offences under Sections 272, 273 of the IPC, and Section 30(a) of the Bihar Prohibition and Excise Act, conditioned upon furnishing a bond of Rs. 25,000 with two sureties and adhering to specific conditions.

What did the court decide?

Release on bail on furnishing a bond of Rs. 25,000 with two sureties, subject to conditions regarding local surety, non-interference with evidence, and cooperation with investigation.

Chalitar Sahani Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3606 of 2018

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Arising Out of PS.Case No. -159 Year- 2017 Thana -BASOPATTI District- MADHUBANI

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======================================================

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Chalitar Sahani, Son of Parmeshwer Sahani @ Bhulka Sahani Resident of Village-Bundel kKhand P.S. Basopatti District-Madhubani.

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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 01-02-2018 Heard the parties.

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The petitioner is apprehending his arrest in connection with Basopatti P.s.Case No.159 of 2017 , registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

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Allegation against the petitioner is about recovery of 27 ltrs. of liquor from cow-shade of the petitioner.

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Submission of the learned counsel for the petitioner is that it is an open house as such it can not be said that the recovery of seized articles is from the conscious possession of the petitioner as well as the petitioner has no criminal antecedent.

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Heard learned A.P.P. also.

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Having heard both sides and in view of the facts and

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Patna High Court Cr.Misc. No.3606 of 2018 (2) dt.01-02-2018

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2/2

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circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of Oder, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl.

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Sessions Judge-II-cum-Special Judge Excise Act, Madhubani in connection with Basopatti P.S.Case No.159 of 2017 dated 22.8.2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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With following conditions :

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(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

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(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

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(Vinod Kumar Sinha, J)

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chn/-

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U T

Chalitar Sahani v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Chalitar Sahani v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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