Manoj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 25284 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

MANOJ SAHNI Son of Indradev Sahni Resident of village-Dumri Tola, Chhapara, P.S.-Sugauli, District-East Champaran 2.

SUNIL SAHNI Son of Yogendra Sahni Resident of village-Dumri Tola, Chhapara, P.S.-Sugauli, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending his arrest in a case registered under Section-30(a)(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, in short, is that one liter wine is recovered.

It has been submitted on behalf of the petitioners that 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 in the present case on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in

Patna High Court CR. MISC. No. 25284 of 2023(2) dt.19-05-2023 2/2 this case. It is alleged that one liter wine is recovered from a bamboo clump. The bamboo clump, in question does not belong to the petitioners. 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. 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 F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Sugauli P.S. Case No. 128 of 2022, 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