Brij Mohan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23839 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== 1.

Brij Mohan Sahni S/o Banka Sahani R/O Village Godiganwa P.S. Sugauli Dist East Champaran 2.

Bipin Sahni S/O Banka Sahani R/O Village Godiganwa P.S. Sugauli Dist East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No.2, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2023 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, 273/34 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 30 liters wine is recovered.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case on the basis of disclosure made by the local Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court CR. MISC. No.23839 of 2023(2) dt.17-05-2023 2/2 petitioners in this case. It is alleged that 30 liters wine is recovered from the garden. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners 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 versus State of Bihar).

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, 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 furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below/concerned Court in connection with Sugauli P.S. case No.22/2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T