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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58296 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- BAGHA District- West Champaran ====================================================== Munna Kumar Sahni @ Munna Kumar, Son of Ramakant Sahni, resident of Village- Kailash Nagar Ward No. 06, Police Station- Bagaha (Patkhauli), District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

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 48 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 on the basis of disclosure made by the co-accused namely Radhe Shyam Sahni. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.58296 of 2018(2) dt.19-09-2018 2/2 suggest the implication of the petitioner in this case. It is alleged that 48 liters wine is recovered from the co-accused Radhe Shyam Sahni. 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./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 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 Additional District & Sessions Judge -VI-cum- Special Judge, Excise, Bettiah, West Champaran in connection with Bagaha (Patkhauli) P.S. Case No. 248 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T