Mohan Sahni vs The State Of Bihar on 6 May, 2022

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Patna High Court - Orders

Mohan Sahni vs The State Of Bihar on 6 May, 2022

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22684 of 2022
                     Arising Out of PS. Case No.-243 Year-2021 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
           1.     Mohan Sahni Son Of Raghuni Sahni R/O Village- Bhataulia, P.S.- Bairgania,
                  District- Sitamarhi
           2.    Jajul Mia Son Of Hussaini Mia R/O Village- Bhataulia, P.S.- Bairgania,
                 District- Sitamarhi

                                                                                    ... ... Petitioners
                                                        Versus
                 THE STATE OF BIHAR

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hans Lal Kumar, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   06-05-2022

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

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

The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 344.4 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no Patna High Court CR. MISC. No.22684 of 2022(2) dt.06-05-2022 2/3 allegation of tampering of witnesses alleged against the petitioners. It is alleged that 344.4 liters wine is recovered from an open field situated near dam. The names of the petitioners have come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

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 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Patna High Court CR. MISC. No.22684 of 2022(2) dt.06-05-2022 3/3 Special Excise Court No. I, Sitamarhi in connection with Bairgania P.S. Case No. 243/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/-

U      T

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Patna High Court - Orders