Patna High CourtCR. MISC./37598/2017allowed

Ashok Sahni v. The State Of Bihar

2017-09-01Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37598 of 2017 Arising Out of PS. Case No.-117 Year-2017 Thana- KASIMBAZAR District- Munger ====================================================== Ashok Sahni Son of Late Tetar Sahni, R/o Mohalla- Lallu Pokhar, P.S.- Kasim Bazar, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indu Bhushan For the Opposite Party/s :

Mr. SRI SANJAY KUMAR SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-09-2017 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Kasim Bazar P.S. Case No. 117 of 2017 registered for the offence punishable under sections 30(a) of Bihar Excise Prohibition Amendment Act, 2016.

Learned counsels appearing for the petitioner submits that the allegation of giving wine for selling to Ashish Kumar is absolute false and incorrect. Nothing has been recovered from the possession or even the house of the petitioner. Only on basis of statement of Ashish Kumar, who has some personal grudge with the petitioner, the present false case has been lodged implicating this petitioner. There is no independent or local witness to the seizure.

Considering the facts and circumstances of the case and the

Patna High Court Cr.Misc. No.37598 of 2017(3) dt.01-09-2017 2/2 submissions of advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge Vth-cum-Special Judge, Munger in connection with Kasim Bazar P.S. Case No. 117 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T