Sonu Kumar Sahni @ Sonu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62345 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== SONU KUMAR SAHNI @ SONU SAHNI Son of Late Lalan Prasad Sahni Resident of Rajendra Nagar, Lohanipur, P.S.- Kadamkuan, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Dubey For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

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

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 144.36 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 name of the petitioner has transpired as being owner of the car in question

Patna High Court CR. MISC. No.62345 of 2021(2) dt.14-12-2021 2/2 from which recovery is made. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 144.36 liters wine is recovered from the car in question. The said car is run as public carrier. The petitioner had no knowledge regarding the nature of goods kept in the car. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise -cum- Additional District & Sessions Judge-II, East Champaran at Motihari in connection with Dumariya Ghat P.S. Case No. 38/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T