Mauze Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66357 of 2018 Arising Out of PS. Case No.-352 Year-2018 Thana- MINAPUR District- Muzaffarpur ======================================================

1. Mauze Sahni

2. Ram Babu Sahni Both Son of late Deoki Sahni

3. Sikindra Kumar@ Sikindar Sahani Son of Ram Babu Sahni

4. Sanjay Sahni Son of Mauze Sahni All Resident of VillageDharpur, P.S. Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pradeep Kumar Sinha For the Opposite Party/s :

Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section272, 273 of the Indian Penal Code and Sections 30(a), 38(ii), 48 and 54(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 103 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired as the alleged recovery is made from the joint houses of the petitioners where the other family members

Patna High Court Cr.Misc. No.66357 of 2018(2) dt.12-12-2018 2/2 also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 103 liters wine is recovered from the joint family houses of the petitioners. 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.

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 six 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 learned Special Judge, Excise Act, Muzaffarpur in connection with Minapur (Muzaffarpur) P.S. Case No. 352 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T