Vakil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47203 of 2021 Arising Out of PS. Case No.-280 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Vakil Sahani S/O Ramashish Sahani R/O Village-Jhakhiya, P.S-Banjariya, District-East Champaran.

2.

Sanjay Sahani S/O Wakil Sahani R/O Village-Jhakhiya, P.S-Banjariya, District-East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 34 of the Indian Penal Code and 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 55 liters wine is recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.47203 of 2021(2) dt.15-11-2021 2/3 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 come on the basis of secret information as per F.I.R. The source and genuineness of the secret information 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 55 liters wine is recovered from the bank of river. 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 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, East Champaran at Motihari in connection with Turkaulia (Raghunath Pur) P.S. Case No. 280/2021, subject to

Patna High Court CR. MISC. No.47203 of 2021(2) dt.15-11-2021 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T