Satrudhan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48422 of 2021 Arising Out of PS. Case No.-371 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== 1.

SATRUDHAN SAHANI Son of Ram Chandra Sahani Resident of VillageSalempur, P.S.- Lalganj, District- Vaishali. 2.

Ram Adhar Sahani Son of Rajendra Sahani Resident of Village- Salempur, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2021 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 Lalganj P.S. Case No. 371 of 2020 registered for the offence under Section30(a) of the Bihar Prohibition and Excise Act, 2018. The prosecution case, in short, is that 880 liters spirit is recovered.

It has been submitted on behalf of the petitioners that the petitioner No. 2 has 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 880

Patna High Court CR. MISC. No.48422 of 2021(2) dt.15-11-2021 2/2 litres spirit is recovered from Bhattis and a motorcycle. The motorcycle does not belong to the petitioners. The names of the petitioners have transpired in this case on the basis of secret information. 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 371 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