Allowed

Dasai Sahni @ Dasai Chaudhary v. The State of Bihar

Patna HC15 Jun 2023CR. MISC./36057/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application arising from an FIR under the Bihar Prohibition and Excise Act and IPC regarding the manufacture of illicit wine, the High Court granted bail pending the framing of charges, fixing a bond amount and sureties.

What did the court decide?

Released on bail after framing of charge, with a bond of Rs. 10,000/- and two sureties of like amount.

Dasai Sahni @ Dasai Chaudhary Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36057 of 2023

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Arising Out of PS. Case No.-171 Year-2022 Thana- PIPRAKOTHI District- East Champaran

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

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DASAI SAHNI @ DASAI CHAUDHARY S/O LATE AMIN SAHANI R/O Village- Hathiyahi (Tikuliya), P.S- Pipra Kothi, Distt.- East Champaran.

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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 ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh For the Opposite Party/s : Mr.Shyam Bihari Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 15-06-2023

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks bail in connection with Piprakothi P.S. Case No. 171 of 2022 registered for the offences punishable under Sections 272, 273, 34 of the I.P.C. and Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

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As per prosecution case, there is alleged recovery of 20 litre chulai wine from the place of occurrence. It is further alleged that local people disclosed the name of the petitioner and others who succeeded in fleeing away from the place of occurrence.

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Learned counsel for the petitioner submits that petitioner is in custody since 15.02.2023 and bears criminal antecedent of eight cases out of which seven cases are of similar

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Patna High Court CR. MISC. No.36057 of 2023(2) dt.15-06-2023 2/3

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nature. Petitioner is quite innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. He further submits that petitioner is not apprehended on the spot.

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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, petitioner is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. I East Champaran, Motihari in connection with Piprakothi P.S Case No. 171 of 2022, subject to following conditions:-

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(i) One of the bailors shall be either father or 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 without appropriate permission, would be a ground for

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Patna High Court CR. MISC. No.36057 of 2023(2) dt.15-06-2023 3/3

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cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or

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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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alok/-

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U T

Dasai Sahni @ Dasai Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dasai Sahni @ Dasai Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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