Vicky Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14937 of 2018 Arising Out of PS. Case No.-210 Year-2017 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Vicky Sahni S/o Mahesh Sahni, R/o Vill.- Chunabhatti, Laxmisagar, P.S.- L.N.M.U, Diss- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. UPENDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 235.5 liters wine 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 name of the petitioner has transpired on the basis of disclosure made by the co-accused namely Umesh Sharma. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.14937 of 2018(3) dt.22-03-2018 2/2 the implication of the petitioner in this case. It is alleged that 235.5 liters wine is recovered from Umesh Sharma and Parmeshwar Paswan. 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./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions-cum- Special Judge, Darbhanga in connection with G.O. Case No. 1493 of 2017 (arising out of L.N.M.U.P.S. Case No. 210/2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T