Allowed

Chaui Sahni @ Chaudi Shani @ Chauri Sahni v. the State of Bihar

Patna HC1 Jul 2022CR. MISC./2882/2022

Case brief

AI extract

What is this about?

The Single Judge granted bail to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving alleged recovery of wine. Considering his clean antecedent and lack of independent witness corroboration for the prosecution story, the court ordered release on furnishing of bond and specific conditions.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs. 10,000/- with two sureties of like amount each subject to specified conditions.

Chaui Sahni @ Chaudi Shani @ Chauri Sahni Vs the State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2882 of 2022

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Arising Out of PS. Case No.-458 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi

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

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CHAUI SAHNI @ CHAUDI SHANI @ CHAURI SAHNI Son of Virendra Sahni Resident of Village- Dheng, Ward No.3, P.S.- Suppi, District- Sitamarhi (Bihar)

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shankar Kumar For the Opposite Party/s : Mr.Sanjay Kumar Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 01-07-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.

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The petitioner seeks bail in connection with C-2 Case No. 458/21, District Sitamarhi registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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As per prosecution case, there is alleged recovery of 162 litre Nepali Saufi wine from the bags and petitioner was apprehended on the spot.

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Learned counsel for the petitioner submits that petitioner is in custody since 22.09.2021 and bears no criminal

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Patna High Court CR. MISC. No.2882 of 2022(3) dt.01-07-2022 2/3

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antecedent. Prosecution report has been submitted in the case and there is no likelihood of tampering the evidence. He further submits that nothing was recovered from conscious possession of the petitioner. It has been submitted that as per seizure memo, occurrence has taken place on 22.09.2021 at about 5:35 AM but no independent witness has supported the prosecution story. He further submits that as per FIR, neither the petitioner was selling the Nepali saufi wine nor he was in drunken position and he was implicated in this case only on the basis of suspicion.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, prosecution report has been submitted, keeping in view clean antecedent of the petitioner 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 Additional Sessions Judge II cum Special Judge Excise Act, Sitamarhi in connection with C-2 Case No. 458/2021, District Sitamarhi, subject to following conditions:-

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(i) One of the bailors shall be either father or

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Patna High Court CR. MISC. No.2882 of 2022(3) dt.01-07-2022 3/3

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mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Chaui Sahni @ Chaudi Shani @ Chauri Sahni v. the State of Bihar

Case brief

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What did the court decide?

Chaui Sahni @ Chaudi Shani @ Chauri Sahni v. the State of Bihar

Case brief

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