The High Court of Patna granted anticipatory bail to Munsi Sahni in a case for alleged violation of the Bihar Prohibition and Excise Act, directing his release upon surrender within six weeks subject to bond conditions.
Release on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties within six weeks of arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22405 of 2018
Arising Out of PS.Case No. -507 Year- 2017 Thana -FATUHA District- PATNA
====================================================== Munsi Sahni, S/o Late Chander Sahni, Resident of Village- Kumar Pump Bichla Mohalla Toli Didarganj, Police Station- Didarganj, District- Patna.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Jay Ram Prasad, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 18-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 155 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the
petitioner. The petitioner has falsely been implicated in the present
case. It is alleged that total 155 liters wine is recovered from the boat in
Patna High Court Cr.Misc. No.22405 of 2018 (2) dt.18-04-2018
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question. The boat in question does not belong to the petitioner. The name of the petitioner has come on the basis of disclosure made by co-accused, namely, RamBabu Sahni. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 or 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 the learned Special Judge, Excise, Patna, in connection with Special Case No. 8015/2017 (arising out of Fatuha P.S Case No. 507 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving alleged possession of liquor wine.
2 provisions across 2 enactments
Munsi Sahni
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
