Kamod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2843 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== 1.

KAMOD SAHANI Son of Late Manglu Sahani @ Mangru Sahani Resident of Village- Belwa Narkatiya, P.S.- Piprahi, District- Sheohar 2.

RAJKUMAR SAHANI Son of Yogi Sahani Resident of Village- Belwa Narkatiya, P.S.- Piprahi, District- Sheohar ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Madhubala Verma, Advocate For the Opposite Party :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that 459 liters wine is recovered.

It has been submitted on behalf of the petitioners that that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired on the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged

Patna High Court CR. MISC. No.2843 of 2023(2) dt.20-04-2023 2/2 that 459 liters wine is recovered by the side of Inarwa river. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Sheohar connection with Piprahi P.S. Case No. 237 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T