Sadhu Ssahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22438 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- MAKER District- Saran ====================================================== SADHU SSAHNI Son of Late Jalandhar Sahni Resident of Village - Hasanpura Murahi, P.S. Maker, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

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 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 15 liters wine is

Patna High Court CR. MISC. No.22438 of 2020(2) dt.31-08-2020 2/3 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. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 15 liters wine is recovered from the motorcycle of the petitioner. The petitioner had given his motorcycle to the co-villager. 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 case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in connection with Maker P.S. case No.58 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.22438 of 2020(2) dt.31-08-2020 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T