Patna High CourtCR. MISC./4264/2018bail granted

Ganga Sahni v. The State Of Bihar

2018-02-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4264 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Ganga Sahni, S/o Shiv Dhari Sahni, resident of Village- Narakatiya Punarwara Sham P.S. Motipur, District Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitu Kumari For the Opposite Party/s :

Mr. AKHILESHWAR DAYAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 337, 279, 307, 353, 272, 273, 290/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 77 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. It is alleged that 77 liters wine is recovered from the car in question. The petitioner is said to be the driver of the car in question. The

Patna High Court Cr.Misc. No.4264 of 2018(3) dt.23-02-2018 2/2 said car is used as a taxi by the driver of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner 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 petitioner is named in the F.I.R.

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 six 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 3rd Addl. Sessions Judge-cumSpecial Judge, Excise, Muzaffarpur in connection with Kazimohammadpur (K.M.P.) P.S. case No.57 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T