Kamelsh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19672 of 2022 Arising Out of PS. Case No.-310 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== KAMELSH SAHNI SON OF LATE SHOBHIT SAHNI RESIDENT OF VILLAGE- KATAI, P.S.- KATRA, DISTRICT- MUZAFFARPUR, BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyank Samdarshi, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in connection with Katra P.S. Case No. 310 of 2021 registered for the offence under Sections-272, 273 of the Indian Penal Code and Section30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 13.140 liters wine and 40 litres spirit is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the
Patna High Court CR. MISC. No.19672 of 2022(2) dt.28-04-2022 2/3 present case. It is alleged that 13.140 liters wine and 40 litres sprit is recovered behind the garage of co-accused. The name of the petitioner has transpired in this case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari vs State of Bihar).
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Muzaffarpur in connection with Katra P.S. Case No. 310 of
Patna High Court CR. MISC. No.19672 of 2022(2) dt.28-04-2022 3/3 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T