Sani Singh @ Salun Yadav @ Selun Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sani Singh @ Salun Yadav @ Selun Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to 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 the Court below/concerned Court in connection with Parsa PS Case No. 324 of 2024; one bailor to be an own/close family member; petitioner to appear on every trial date, with liberty to the Trial Court to cancel the bail bonds on default in appearance on two consecutive dates.

Issue for consideration

Whether the petitioner, implicated in Parsa PS Case No. 324 of 2024 for offences under Sections 121(1), 121(2), 132, 109, 324(1), 3(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act (alleged recovery of 319.680 litres of foreign liquor from a car), should be released on bail.

Court's answer

Having heard both sides, and considering the facts and circumstances of the case together with the period of custody already undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was ordered to 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 the Court below/concerned Court in connection with Parsa PS Case No. 324 of 2024.

Key takeaways

A condition of the bail grant is that one of the bailors shall be an own/close member of the family of the petitioner.ratio¶20
As a condition of bail, the petitioner must appear on each and every date fixed at the trial.ratio¶21
If the petitioner fails to appear on two consecutive trial dates, the Trial Court will have liberty to cancel the bail bonds.ratio

Detailed headnote1 paragraphs

Bail granted (oral order dt. 20-02-2025, Rudra Prakash Mishra, J) in Crl. Misc. No. 9759 of 2025 arising out of Parsa PS Case No. 324 of 2024 (Thana PARSA, District Saran), instituted under Sections 121(1), 121(2), 132, 109, 324(1), 3(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act, on allegation of recovery of 319.680 litres of foreign liquor from a Car. Petitioner (in custody since 01.10.2024, six criminal antecedents) pleaded innocence, absence of conscious possession, that he was neither owner nor driver of the seized vehicle, and non-compliance of Section 103 of B.N.S.S.; the State opposed bail. Considering the facts, circumstances and period of custody, the Court directed release on bail bonds of Rs. 10,000/- with two like sureties, one bailor being an own/close family member; petitioner to appear on every trial date, failing which on two consecutive defaults the Trial Court may cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9759 of 2025

Arising Out of PS. Case No.-324 Year-2024 Thana- PARSA District- Saran

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

Sani Singh @ Salun Yadav @ Selun Yadav Son of Late Ramswarth Yadav @ Kailu Yadav @ Late Ramswarth Singh Resident of Village- Chanda, P.S.Athamalgola, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

... ... Opposite Party/s

ORAL ORDER

2 20-02-2025 Heard learned counsel for the petitioner and learned APP

for the State.

The petitioner seeks bail in connection with Parsa PS Case No. 324 of 2024 instituted for the offences under Sections 121(1), 121(2), 132, 109, 324(1), 3(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 319.680 litres of foreign liquor was recovered from Car.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized

Patna High Court CR. MISC. No.9759 of 2025(2) dt.20-02-2025 2/2

vehicle. The petitioner is in custody since 01.10.2024 and has got six criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner 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 Court below/concerned Court in connection with Parsa PS Case No. 324 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T