Patna High CourtCR. MISC./2352/2018bail granted

Bharat Sahni v. The State Of Bihar

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2352 of 2018 Arising Out of PS. Case No.-117 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Bharat Sahni S/o Narayan Sahni, R/o village Pahadpur, P.S. Mahua, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha For the Opposite Party/s :

Mr. ARUN KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 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 35 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 1240.590 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 come on the confession of co-accused made before police. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.

Patna High Court Cr.Misc. No.2352 of 2018(2) dt.18-01-2018 2/2 It is alleged that 1240.590 liters wine is recovered from the hut of the co-accused. 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 complaint.

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 Additional Sessions Judge II, Vaishali at Hajipur in connection with Case No.C-2 117 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T