Hari Sahani @ Hari Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34705 of 2020 Arising Out of PS. Case No.-292 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Hari Sahani @ Hari Sahni S/o Bali Sahni @ Bali Sahani R/o village - Janki Nagar, ward no. - 10, P.S. - Majorganj, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

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

The petitioner seeks bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 126 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 16-08-2020. Charge

Patna High Court CR. MISC. No.34705 of 2020(2) dt.19-01-2021 2/2 sheet/Prosecution report in this case has already been submitted. The petitioner has been falsely implicated in the present case. It is alleged that 126 liters wine is recovered by the side of the road. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner 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 petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Sitamarhi in connection with C2 Case No. 292 of 2020. (Sudhir Singh, J) A.K.V.//- U T