Navin Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34224 of 2020 Arising Out of PS. Case No.-355 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

NAVIN SAHNI Son of Vijay Sahni Resident of Village- Chichurahiya, P.S.- Banjaria, District- East Champaran.

2.

Guddu Sahni Son of Suresh Sahni Resident of Village- Chichurahiya, P.S.- Banjaria, District- East Champaran.

3.

Rajesh Sahni Son of Mahendra Sahni Resident of Village- Chichurahiya, P.S.- Banjaria, District- East Champaran.

4.

Rambhu Sahni S/o Kedar Sahni Resident of Village- Chichurahiya, P.S.- Banjaria, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 40 liters wine is recovered.

Patna High Court CR. MISC. No.34224 of 2020(2) dt.08-03-2021 2/3 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 on the basis of disclosure made by the local residents. The name of local residents, who have named the petitioners, has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 40 liters wine is recovered from different places. 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, 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 7th Additional Sessions Judge -cum- Special Judge, Excise, East Champaran at

Patna High Court CR. MISC. No.34224 of 2020(2) dt.08-03-2021 3/3 Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 355/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T