Lal Babu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26660 of 2021 Arising Out of PS. Case No.-388 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Lal Babu Sahni, aged 30 years, Gender-Male, Son of Rajendra Sahni, Resident of Village - Mahuain, P.S. - Bajpatti, and District - Sitamarhi. 2.

Sanjeet Sahni, aged 25 years, Gender-Male, Son of Rajendra Sahni, Resident of Village - Mahuain, P.S. - Bajpatti, and District - Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Virendra Kumar, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 10 liters wine is recovered from the joint house of the petitioners. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court CR. MISC. No.26660 of 2021(2) dt.13-07-2021 2/3 There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that 5 liters wine is recovered from the joint house of petitioner no. 1 and 5 liters wine is recovered from the joint house of petitioner no. 2. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned A.D.J.-IIcum-Special Judge, Excise Act, Sitamarhi, in connection with Bajpatti P.S. Case No. 388/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.26660 of 2021(2) dt.13-07-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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