Jadolal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42496 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

JADOLAL SAHANI Son of Basudeo Sahni Resident of Village - Chakki Jamalabad, P.S. - Motipur, Distt. - Muzaffarpur. 2.

Devendra Sahni @ Devendra Kumar Sahni Son of Butan Sahni Resident of Village - Chakki Jamalabad, P.S. - Motipur, Distt. - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2021 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in Motipur P.S. Case No. 06 of 2020 registered for the offence under Sections30(a), 41(1)(2) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 705.6 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 them. They have been falsely implicated in the present case. It is alleged that 705.6 litres wine is

Patna High Court CR. MISC. No.42496 of 2021(2) dt.25-10-2021 2/2 recovered from the truck. The truck in question does not belong to the petitioners. The names of the petitioners have transpired in this case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. 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.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Motipur P.S. Case No. 06 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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