Dismissed

Sudo Sahni @ Sudho Sahni v. The State of Bihar

Patna HC13 May 2022CR. MISC./66822/2021

Case brief

AI extract

What is this about?

This order rejects a bail application filed by a petitioner in a prohibition case. The court noted the petitioner was an absconder for two years and had criminal antecedents, distinguishing his situation from co-accunteers released earlier. Bail is denied, and the trial court is directed to expedite proceedings.

What did the court decide?

Bail application rejected; petitioner directed to remove defects if any; trial court directed to expedite trial.

Sudo Sahni @ Sudho 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.66822 of 2021

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Arising Out of PS. Case No.-717 Year-2019 Thana- KHAGARIA District- Khagaria

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

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Sudo Sahni @ Sudho Sahni, S/o Late Ramotar Sahni @ Ramavtar Sahni Resident of Village- Sanhauli, P.S.- Khagaria (Chitragupta Nagar), DistrictKhagaria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 13-05-2022

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Heard learned counsel for the parties through video

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conferencing in view of COVID-19.

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Let the defect(s), if any, be removed within four

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weeks.

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The petitioner is in judicial custody in connection with Khagaria (Chitragupta Nagar) P.S. Case No.717 of 2019 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

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As per the FIR, police during the patrolling duty reached near Sanhauli Power Grid and found some persons fleeing away from the bush. The local ‘ chowkidar’ identified the accused persons and named them. The petitioner was one to them. On search from the bushes, altogether 1162 pouches each containing 200 ml. of countrymade liquor were recovered. It

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Patna High Court CR. MISC. No.66822 of 2021(2) dt.13-05-2022 2/2

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was in this way that the petitioner came into judicial custody.

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The FIR was lodged on 12.09.2019 and the petitioner finally chose to come within the judicial net almost two years later on 11.08.2021. Although he has tried to equate his case with other co-accused who went into judicial custody and were released on bail in 2020 but failed to answer why he remained absconder for almost two long years. Further, bail granted in different P.S. i.e. Bikramganj P.S. Case No.352/2020 on 15.04.2021 vide Cr. Misc. No.5807 of 2021 has been annexed with this bail application to show that the similar situated person has been granted bail.

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Taking into account all the aforesaid facts that the petitioner was an absconder for almost two years and has criminal antecedent; this Court is not inclined to grant any relief to him and the bail application is hereby rejected.

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The Trial court is directed to expedite the Trial and take the same to its logical conclusion at an earliest.

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(Rajiv Roy, J)

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Prakash Narayan /- U T

Sudo Sahni @ Sudho Sahni v. The State of Bihar

Case brief

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Sudo Sahni @ Sudho Sahni v. The State of Bihar

Case brief

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