Lal Babu Sahani @ Lal Baboo Sahani @ Rambabu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10292 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -HARLAKHI District- MADHUBANI ====================================================== LAL BABU SAHANI @ LAL BABOO SAHANI @ RAMBABU SAHANI S/o Jag Lal Sahani, R/o Village- Hatparsa, P.S.- Harlakhi, District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 15.10.2017 in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 171 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.10292 of 2018 (2) dt.22-02-2018 2/2 against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 171 liters wine is recovered from possession of the petitioner. The name of the petitioner has come on the basis of alleged recovery made from his possession. 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, let 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 the learned Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani, in connection with Harlakhi P.S. Case No. 184 of 2017, G.O. 684 of 2017. U.K./- (Sudhir Singh, J) U T