Shatrughan Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56465 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- MAKER District- Saran ======================================================

1. Shatrughan Sahni Son of Sudarshan Sahni Resident of VillageBaligaon, P.S. Parsa District Saran, Chapra.

2. Jai Kishun Sahni Son of Ram Nandan Sahni Resident of Village Ganj Masuriya P.S. Maker District Saran, Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 188, 272, 273, 308 of the I.P.C. and Sections 30, 30(a), 41, 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 35 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedents and there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired as the open field in question belonging to the joint family of the

Patna High Court Cr.Misc. No.56465 of 2018(2) dt.12-09-2018 2/2 petitioner No.2. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 35 liters wine is recovered from the open field in question. 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.

Considering the aforesaid facts and circumstances, let the petitioners, 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 A.D.J. 6th, Saran , Chapra in connection with Maker P.S. case No.108 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T