Sharvan Sahni And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.33255 of 2016 (2) dt.20-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33255 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================
1. Sharvan Sahni, son of Late Biltu Sahni.
2. Parmeshwari Sahni @ Parmeshwar Sahni, Late Biltu Sahni, Both are resident of village-Kaharia, P.O. Bariaul P.S. Kamtaul, District-Darbhanga .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Karn, Advocate. For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Kamtaul P.S. Case No. 48 of 2016 registered under Section 47(A) of the Excise Act and Section 273 of the Indian Penal Code. The accusation is that, on raid, 172 litre foreign liquor in different bottles, ware recovered from the joint straw house of the petitioners, where Raj Kumar Sahni, son of the petitioner no. 2 was apprehended.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that the alleged foreign liquor was not recovered from the residential house of the petitioners rather
Patna High Court Cr.Misc. No.33255 of 2016 (2) dt.20-08-2016 the same was recovered from straw house, fromwhere, Raj Kumar Sahni, son of petitioner no. 2, was apprehended. It is further submitted that petitioners have falsely been implicated in this case due to ulterior motive.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of six arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Darbhanga, in connection with Kamtaul P.S. Case No. 48 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T