Dharmendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8308 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- SUPPI District- Sitamarhi ====================================================== Dharmendra Sahni S/o Prem Sahni Resident of Village- Devapur Ward No.15, P.S.- Patahi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 of the Indian Penal Code and 30(A) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 397 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 397 liters wine is recovered from the boat in question. The petitioner was transporting the goods in question on boat. The petitioner

Patna High Court CR. MISC. No.8308 of 2019(3) dt.08-04-2019 2/2 had no knowledge regarding the nature of goods booked on the boat. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned A.D.J.-II-cum- Special Judge, Excise Act, Sitamarhi in connection with Suppi P.S. Case No. 08/18.

(Sudhir Singh, J) Pankaj/- U T