Sunil Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44537 of 2021 Arising Out of PS. Case No.-267 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.
Sunil Sahni S/O Daroga Sahani R/O Village-Kolhua Paigambarpur, P.SAhiyapur, District-Muzaffarpur. 2.
Niraj Kumar @ Niraj Kumar Sahni S/O Diplal Sah @ Dipu Sahni R/O Village-Kolhua Paigambarpur, P.S-Ahiyapur, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2022 Due to the third wave of 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 petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioners and the State through virtual mode.
The petitioners are apprehending their arrest in connection with Ahiyapur P.S. Case No. 267 of 2020 registered for the offence under Sections-272, 273 of the Indian Penal
Patna High Court CR. MISC. No.44537 of 2021(2) dt.22-01-2022 2/3 Code and Sections-30(a) & 36 of the Bihar Prohibition and Excise Act.
The prosecution case, in short, is that 148 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 petitioners have been falsely implicated in the present case. It is alleged that out of 148 litres, 15 litres wine each is recovered from joint 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 Complaint Case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the
Patna High Court CR. MISC. No.44537 of 2021(2) dt.22-01-2022 3/3 present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Ahiyapur P.S. Case No. 267 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T