In a bail application regarding illicit liquor manufacturing, the High Court observed there was no independent evidence or recovery material against the petitioner. Relying on this, the court ordered the petitioner's release on bail on refundable security.
Petitioner released on bail on furnishing Rs. 10,000/- bonds with two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37418 of 2022
Arising Out of PS. Case No.-35 Year-2020 Thana- HATHAURI District- Muzaffarpur
======================================================
Lalan Sahni Son Of Ram Ekbal Sahni Resident Of Village- Dakrama, P.S.Hathauri, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Shrivastava For the Opposite Party/s : Mr.Khurshid Anwar ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 02-09-2022
Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks bail in a case registered in connection with Hathauri P.S.Case No. 35 of 2020 for the offences punishable under Sections 270, 272, 273, 328, 419, 420, 465, 467, 468, 471, 472 and 120B of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act and 4/6 of Trade Marks Act.
The allegation against the petitioner is to be involved in trade of illicit liquor and its manufacturing. On
Patna High Court CR. MISC. No.37418 of 2022(2) dt.02-09-2022 2/4
secret information 225 liters of Indian made foreign liquor and other manufacturing items were recovered from banana field of Nagendra Sah.
Learned counsel for the petitioner submits that the alleged recovery has been made from a banana field of Nagendra Sah, which has no connection with the petitioner. He further submits that petitioner was neither apprehended at the spot nor any incriminating material has been recovered and his name has been implicated only on account of past criminal antecedent. He further submits that the name of the petitioner has been disclosed by village chaukidar and save and except the disclosure made by village chaukidar, there is not other material. He also submits that there is no compliance of section 100 of Code of Criminal Procedure in as much as, there is no independent witness to the seizure list. He further submits that the petitioner has been remanded in this case on 13. 09.2021 and since then he is in custody.
On the other hand, learned counsel for the State opposed the bail application of the petitioner and submits that he is also found involved in one another criminal case.
Patna High Court CR. MISC. No.37418 of 2022(2) dt.02-09-2022 3/4
Having heard the rival contentions of the parties and taking into consideration the fact that petitioner was neither apprehended at the spot nor any incriminating material has been recovered and save and except the disclosure made by the village chaukidar and past criminal antecedent, there is no material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Hathauri P.S.Case No. 35 of 2020 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of
the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable
Patna High Court CR. MISC. No.37418 of 2022(2) dt.02-09-2022 4/4
to be cancelled.
(v) The Court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancelling of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above- mentioned order shall not be delayed for purpose of or in the name of verification.
(Harish Kumar, J)
N.K/-
U
1 issue framed by the court
Whether the petitioner should be released on bail considering lack of independent evidence and recovery of illicit liquor from a third party's field.
1 provisions across 1 enactments
Lalan Sahni
The State of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
