Navin Sahani @ Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15168 of 2022 Arising Out of PS. Case No.-454 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== NAVIN SAHANI @ NAVIN KUMAR Son of Rajkishore Sahani Resident of village - Bherihari, P.S.- Sugauli, District - East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is directed to remove the defects within four weeks.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 143, 341, 342, 323, 353, 504, 506 of the IPC and section 45 of Bihar Prohibition and Excise Act. Allegedly, the petitioner is involved in stopping the tractor seized by the police in connection to a liquor case, while it was being taken by the police officials. In this way, the petitioner has obstructed the officials in discharge of their duty. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in
Patna High Court CR. MISC. No.15168 of 2022(2) dt.14-11-2022 2/2 the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. At the alleged date, petitioner was not present in the village. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner is a student and has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sugauli P.S. Case No.454/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T