Manoj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25067 of 2023 Arising Out of PS. Case No.-84 Year-2022 Thana- ASANWA District- Siwan ====================================================== 1.

Manoj Sahni Son Of Rama Shankar Sahni Resident Of Village- Singhpur, Ps- Asson, Distt- Siwan 2.

Shiv Shankar Rajbhar Son Of Ramdev Rajbhar Resident Of VillageSinghpur, Ps- Asson, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, 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 their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 47 liters wine is recovered.

It has been submitted on behalf of the petitioners that petitioner No. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 47 liters wine is recovered from the field in question. The name of petitioner No. 1 has transpired

Patna High Court CR. MISC. No.25067 of 2023(2) dt.19-05-2023 2/3 on the basis of disclosure made by the local residents. The names of local residents, who have named the petitioner No. 1, have not been disclosed by the prosecution. The name of petitioner No. 2 has transpired as the field in question belonging to joint family of the petitioner No. 2. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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 Criminal 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./complaint case. 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) each with two sureties of the like amount each to the satisfaction of the Court

Patna High Court CR. MISC. No.25067 of 2023(2) dt.19-05-2023 3/3 below/concerned Court in connection with Assaon P.S. case No. 84 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T