Shyam Mangal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50790 of 2018 Arising Out of PS.Case No. -183 Year- 2018 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Shyam Mangal Sahni, S/o Nirmal Sahni, R/o Vill.- Koba Mohammadpur, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anita Kumari Singh, Advocate. For the Opposite Party : Mrs. Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 3453.3 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 3453.3 liters wine is recovered from the godown and car in question. The name of the petitioner has come in the present case as the land in question belongs to joint

Patna High Court Cr.Misc. No.50790 of 2018 (2) dt.20-08-2018 2/2 family of the petitioner on which the godown has been erected by one Ajay Sahani. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned Additional District & Sessions Judge-IInd-cum-Special Judge, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 183 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T