Niranjan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15063 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== 1.

NIRANJAN SAH S/o Krishna Sah R/o village- Tetaria, P.O. and P.S.- Laxmipur, District- Jamui 2.

Shatrughan Sah @ Raghunandan Sah S/o Nago Sah R/o village- Nawdiha, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Sahay For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272 and 272 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 110 liters wine is recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.15063 of 2020(2) dt.11-06-2020 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 110 liters wine is recovered from the forest area. 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 facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional District & Sessions Judge-II-cum- Special Judge, Excise, Jamui in connection with Laxmipur P.S. Case No. 151 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.15063 of 2020(2) dt.11-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T