Patna High Court
Vinod Sahni vs The State Of Bihar on 8 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1356 of 2021
Arising Out of PS. Case No.-150 Year-2020 Thana- MADHWAPUR District- Madhubani
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VINOD SAHNI Son of Chandan Sahni Resident of Village - Balba, P.S.-
Madhwapur, Distt.- Madhubani.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Shailendra Kumar Jha, Advocate
For the Respondent/s : Ms Usha Kumari I, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 08-04-2021
This case has been taken up for consideration today
through Video Conferencing.
Heard learned counsel for the appellant and the learned
Special PP for the State.
2 The appellant has preferred the present Appeal under
Section 14 A (2) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act)
against the refusal of his prayer for regular bail vide order dated
21.12.2020 passed by Additional Sessions Judge II -cum- Special
Judge, Excise Act, Madhubani in a case registered under Sections
272, 273, 341, 342, 323, 353, 188, 379, 504, 506/34 of Indian
Penal Code, Sections 30 (a), 45 of Bihar Prohibition and Excise
(Amendment) Act, 2018 and Sections 3 (i) (x)/ 3 (2) (va) of SC/ST
Patna High Court CR. APP (SJ) No.1356 of 2021 dt.08-04-2021
Act in connection with Madhwapur Police Station (for brevity, PS)
Case No 150 of 2020 dated 14.12.2020.
3 Prosecution case alleges that 28.32 liters of liquor has
been recovered from the appellant's bicycle. The local Chaukidar
has allegedly seized the contraband substance and given intimation
to the informant-Police Officer. Thereafter, the police rushed to
the place of recovery where it was found that the appellant had
summoned local villagers and altogether were abusing and
threatening the police party which arrived there to free the
appellant and other co-accused from whom there is also alleged
recovery of liquor.
4 Appellant's counsel submits that having no criminal
antecedent, the appellant is in custody since 15.12.2020 on the
alleged recovery of 28.32 liters of liquor which is false.
Implication of the appellant is on extraneous considerations.
5 Learned Special PP for the State has opposed the
prayer for bail.
6 In my opinion, a case for grant of regular bail is made
out. The impugned order dated 21.12.2020 requires interference
by this Court, which is, accordingly, set aside.
7 Considering the rival submissions, this appeal is
allowed. The impugned order dated 21.12.2020 passed by
Patna High Court CR. APP (SJ) No.1356 of 2021 dt.08-04-2021
Additional Sessions Judge II -cum- Special Judge, Excise Act,
Madhubani in connection with Madhwapur PS Case No 150 of
2020 dated 14.12.2020 is set aside.
8 Let the appellant above named be released on bail on
his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Additional Sessions Judge II -cum- Special Judge, Excise Act,
Madhubani in Madhwapur PS Case No 150 of 2020 dated
14.12.2020 subject to the following conditions:
(1) That one of the bailors will be a close relative of the
appellant who will give an affidavit giving genealogy as to how he
is related with the appellant. The bailor will also undertake to
inform the Court if there is any change in the address of the
appellant.
(2) That the appellant will be well represented on each
date and if he fails to do so on two consecutive dates, his bail will
be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.04.2021
Transmission Date 12.04.2021
