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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63465 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

MANOJ SAHNI @ MANOJ KUMAR SAHNI Son of Ramadhar Sahni Resident of Village - Chakki Rasulaganj More, P.S.- Motipur, Distt.- Muzaffarpur.

2.

Rajesh Sahani Son of Ramadhar Sahni Resident of Village - Chakki Rasulaganj More, P.S.- Motipur, Distt.- Muzaffarpur. 3.

Pramod Sahni @ Tinku Sahni @ Pramod Kumar Sahni Son of Dhoro Sahni Resident of Village - Chakki Rasulaganj More, P.S.- Motipur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner nos.1 and 2.

Permission is accorded.

Accordingly, the petition of petitioner nos.1 and 2 is dismissed as withdrawn.

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

The petitioner no.3, namely, Pramod Sahni @ Tinku Sahni @ Pramod Kumar Sahni is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 and 120(B) of the Indian Penal Code and Sections 30(a), 34, 36 and 41(1)(2) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.63465 of 2021(2) dt.18-05-2022 2/2 It is a case of recovery of about 50.333 liters of country made wine by the side of mun (Part of the river). It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner was disclosed by the statement of village- Chaukidar and nothing incriminating article has been recovered from the conscious or constructive possession of the petitioner.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, namely, Pramod Sahni @ Tinku Sahni @ Pramod Kumar Sahni, in the event of his arrest or surrender before the court below within a period of four 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 Act, Muzaffarpur in connection with Motipur P.S. Case No. 80 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Brajesh Kumar/- (Sunil Kumar Panwar, J) U