Allowed

Budhan Sahni @ Budhan Sahani v. The State of Bihar

Patna HC8 Jan 2021CR. MISC./30994/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter arising from a liquor seizure case involving sections of the Indian Penal Code and Bihar Prohibition and Excise Act, the Patna High Court granted bail to the petitioner subject to a cash deposit of Rs. 50,000 and furnishing of a bond with two sureties of the same amount.

What did the court decide?

Bail on depositing Rs. 50,000 in cash, furnishing bail bond of Rs. 50,000 each with two sureties of like amount.

Budhan Sahni @ Budhan Sahani Vs The State of Bihar — Bail and Remand | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30994 of 2020

¶2

Arising Out of PS. Case No.-3 Year-2020 Thana- JADOPUR District- Gopalganj

¶3

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

¶4

Budhan Sahni @ Budhan Sahani, aged about 42 years, Male, S/o Sukdev Sahni Resident of Village- Balua Tola, P.S.- Jadopur, District- Gopalganj.

¶5

Versus

¶6

The State of Bihar

¶7

... ... Opposite Party

¶8

====================================================== Appearance : For the Petitioner : Mr. Satyendra Rai, Advocate For the Opposite Party : None ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

¶10

2 08-01-2021

¶11

Heard learned counsel for the petitioner. No one appears on behalf of the State although name of the Advocate General appears in the cause list.

¶12

The petitioner is in custody in connection with Jadopur P.S. Case No.03 of 2020 for offences under Sections 188, 353, 307 and 506/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

¶13

Learned counsel appearing on behalf of the petitioner would submit that in the instant case, total 519.08 litres of country made liquor was seized from the boat coming from Uttar Pradesh. Learned counsel further submits that nothing has been recovered from conscious possession of the petitioner and he has been implicated only on the basis of confessional

¶14

Patna High Court CR. MISC. No.30994 of 2020(2) dt.08-01-2021 2/2

¶15

statement of co-accused Umesh Yadav, who was apprehended on the spot. Petitioner is in custody since 21.01.2020.

¶16

Considering the period of custody of the petitioner, the Court is inclined to grant bail to him, subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, the petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge 2^nd -cum-Special Judge, Excise, Gopalganj in connection with Jadopur P.S. Case No.03 of 2020.

¶17

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Jadopur P.S. Case No.03 of 2020.

¶18

(Anil Kumar Upadhyay, J)

¶19

BT/-

¶20

U T

Budhan Sahni @ Budhan Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Budhan Sahni @ Budhan Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr. Shankar Prasad Vs The State of Bihar

Kailasho Devi Vs The State of Bihar

Pankaj Mandal @ Pankaj Kumar Mandal Vs The State of Bihar

Rajesh Kumar Vs The State of Bihar

Saddam Nut @ Saddam Hussain Vs The State of Bihar

Guddu Prasad @ Guddu Kumar Vs the State of Bihar