Ajay Sah @ Ajay Saha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.891 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- MANSAHI District- Katihar ====================================================== 1.

Ajay Sah @ Ajay Saha, Male, aged about 30 years, Son of Anil Sah, Resident of Village-Pichlawikol, Dalkola, P.S.- Karandighi, Distt.- Uttar Dinajpur, West Bengal.

2.

Ranjeet Sah @ Ranjeet Saha, Male, aged about 31 years, Son of Nagen Sah, Resident of Village-Pichlawikol, Dalkola, P.S.- Karandighi, Distt.- Uttar Dinajpur, West Bengal.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Arun Kumar Mandal, Advocate.

For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2021 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 A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 170.250

Patna High Court CR. MISC. No.891 of 2021(2) dt.30-04-2021 2/3 liters wine is said to have been recovered from the three different vehicles.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The names of the petitioners have transpired in the present case on the basis of disclosure made by co-accused. It is alleged that total 170.250 liters wine is recovered from the three different vehicles. None of the vehicles belongs to 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 F.I.R./Complaint Case.

Considering the aforesaid facts and circumstances of the case, let 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 furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.891 of 2021(2) dt.30-04-2021 3/3 satisfaction of the learned C.J.M., Katihar, in connection with Mansahi P.S. Case No. 78 of 2020 vide G.R. No. 3554 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T