An accused is entitled to bail in the absence of recovery from him, considering the period of custody, and the submission of charge-sheet.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60889 of 2022

Arising Out of PS. Case No.-61 Year-2021 Thana- MINAPUR District- Muzaffarpur

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Sikandar Kumar Sahni @ Sikindra Sahni S/O Ram Babu Sahani Resident of

Village- Dahrpur, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr.Alok Kumar Alok, Advocate

For the Opposite Party/s :

Mrs.Sharda Kumari, APP

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

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2

04-01-2023

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in

connection with Minapur P.S.Case No. 61 of 2021 registered for

the alleged offences under Sections 272, 273, 414, 120(B) and

34 of the Indian Penal Code and Section 30(a)/33 of the Bihar

Prohibition Act and Excise Act.

As per prosecution case, police received secret

information about petitioner and other co-accused persons

manufacturing illicit liquor from spirit and packing the same in

bottles. A raid was conducted on the house of co-accused

Mahichand Sahni and his co-accused son Arvind Kumar was

apprehended from the spot when he tried to flee away. From the

house of the apprehended co-accused recovery of 107.20 litres

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of India made foreign liquor and 60 litres of spirit were made.

Further recovery of 54 litres of India made foreign liquor was

also made from a vehicle parked in the house of the co-accused.

Stickers and other articles used in manufacturing and packing of

the illicit liquor were also recovered from the spot.

Learned counsel for the petitioner submits that

petitioner was not apprehended from the spot and nothing

incriminating has been recovered from his conscious possession.

The petitioner has been named in this case on the basis of

statement of co-accused, but the said statement has got no legal

sanctity and naming this petitioner on the basis of secret

information is merely high-handedness of the police. Learned

counsel further submits that recovery has been made from the

possession of the co-accused persons and no recovery has been

made from this petitioner. The petitioner is in custody since

23.06.2022 and charge sheet has been submitted.

Learned APP vehemently opposes the submissions

made on behalf of the petitioners. Learned APP submits that

petitioner has got long criminal history and is accused in a large

number of cases of similar nature.

Having regard to the facts and circumstances and

submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.60889 of 2022(2) dt.04-01-2023

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fact that the petitioner was not apprehended from the spot and

no recovery has been shown from him and further considering

the period of custody of the petitioner and submission of charge-

sheet against him, the petitioner above named is directed to be

released on bail on furnishing bail bond of Rs. 20,000/- (twenty

thousand) with two sureties of the like amount each to the

satisfaction of learned Exclusive Special Excise Court No.1,

Muzaffarpur in connection with Minapur P.S.Case No. 61 of

2021, subject to the following conditions :

(i) One of the bailors will be a close relative of

the petitioner.

(ii) The petitioner will remain present on each and

every date fixed by the court below.

(iii) In case of absence for three consecutive dates

or in violation of the terms of the bail, the bail

bond of the petitioner will be liable to be

cancelled by the court concerned.

himanshu/-

(Arun Kumar Jha, J)

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