Allowed

Amarjeet Sahni v. The State of Bihar

Patna HC22 Jun 2022CR. MISC./6005/2022

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner accused of manufacturing and selling country-made liquor. The court relied on the clean antecedents and bail granted to a similarly situated co-accused, imposing conditions for trial cooperation and non-tampering.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties on conditions of trial cooperation.

Amarjeet 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.6005 of 2022

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Arising Out of PS. Case No.-654 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur

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====================================================== AMARJEET SAHNI SON OF BHOLA SAHNI R/O VILLAGESIKANDARPUR KUNDAL BANDH, P.S.- TOWN, DISTRICTMUZAFFARPUR

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... ... Petitioner/s Versus

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The State of Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Shekhar Anand For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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3 22-06-2022

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Heard learned counsel for the petitioner and the

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State.

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Petitioner seeks regular bail in a case registered for the offence punishable under Sections 272, 273/34of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

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Allegedly, 50 liters of country made liquor was recovered from an Alto car and the petitioner and co-accused persons managed to flee away from the place of occurrence who are stated to be seated in the said vehicle.

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The main submissions advanced by the learned counsel for the petitioner are that co-accused Jalandhar Sahni carrying similar allegation has been granted regular bail by a

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Patna High Court CR. MISC. No.6005 of 2022(3) dt.22-06-2022 2/3

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bench of this court vide order dated 30.05.2022 passed in Cr. Misc. no. 63649 of 2021, the present petitioner has got clean antecedent and he was not arrested at the spot and as per prosecution story, the informant got name of the petitioner from other person but detail of the said source is not mentioned in the FIR. Petitioner has been languishing in jail since 25.11.2021.

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Learned APP opposes the prayer for bail.

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In view of above submissions and considering petitioner's custody period, his clean antecedent as mentioned at para 3 of the petition and also the fact that similarly situated coaccused person has been granted bail by a coordinate bench of this Court vide order passed in the above mentioned miscellaneous case, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in Muzaffarpur Town P.S. Case No. 654 of 2021 on the following conditions:-

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by

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Patna High Court CR. MISC. No.6005 of 2022(3) dt.22-06-2022 3/3

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the Court below.

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(2) 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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(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition.

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The court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent of the petitioner is found then the court below shall take serious action against him for cancellation of his bail bond.

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(Shailendra Singh, J)

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s.hassan/-

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U T

Amarjeet Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amarjeet Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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