Shivam Salanki @ Shivam @ Shivam Solanki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30751 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== SHIVAM SALANKI @ SHIVAM @ SHIVAM SOLANKI Son of Dhirendra Solanki Resident of RZ-40AF/F, Side West Sagarpur VTC, Sagarpur, Police Station- Sagarpur, District- South West Delhi Pin Code- 110046 (State- Delhi) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Special Case No. 15 of 2021 arising out of Bahadurganj P.S. Case No. 07 of 2021 registered for the offence under Sections-272, 273 of the Indian Penal Code and Sections-30(a), 35, 36 & 41 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 9126.36 liters wine is recovered.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.30751 of 2021(2) dt.21-08-2021 2/3 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 9126.36 liters wine is recovered from five different trucks. The petitioner is said to be owner of one of the trucks, from which, 2859.12 litres wine is said to have been recovered. The petitioner had no knowledge regarding the goods booked by the transporter. 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. 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 his personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Kishanganj in connection with Special Case No. 15 of 2021 arising out of Bahadurganj P.S. Case No. 07 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.30751 of 2021(2) dt.21-08-2021 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) 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) A.K.V.//- U T