IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. of 2023
(Arising out of SLP (Criminal) No. 10086 of 2022)
MAJNU SAHNI @ MAJANU SAHNI Appellant(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
O R D E R
Leave granted.
The order assailed in this appeal relates to rejection of plea for anticipatory bail on allegation of violation of provisions of Bihar Prohibition and Excise Act and also commission of offences punishable under Sections 147, 149, 341, 323, 353, 120(B) of the Indian Penal Code. The prosecution case is recovery of 15 liters of country made liquor from the verandah of the house of the appellant.
In course of hearing today, learned counsel for the State of Bihar submits that a notice has already been issued to the appellant to join the investigation. Learned counsel for the appellant submits that his client will join the investigation and cooperate with the investigating agency.
In view of such submission and on the basis of materials on record, we do not think arrest of the accused/appellant is necessary. We, accordingly, set aside the order of the High Court and direct that in the event of arrest of the appellant, he shall be released on bail on such terms and conditions the trial court 1 may deem fit and proper. We make it clear that the appellant must cooperate with the investigating agency. The appeal is allowed in the above terms.
Pending application(s), if any, shall stand disposed of. ……J.
(ANIRUDDHA BOSE) ……J.
(SUDHANSHU DHULIA)
NEW DELHI
JANUARY 16, 2023
2 ITEM NO.4 COURT NO.11 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10086/2022
(Arising out of impugned final judgment and order dated 05-08-2022 in CRLM No. 19330/2022 passed by the High Court of Judicature at Patna)
MAJNU SAHNI @ MAJANU SAHNI Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
(IA No. 160624/2022 – EXEMPTION FROM FILING O.T.)
Date : 16-01-2023 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE ANIRUDDHA BOSE
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s) Mr. Pavan Kumar, AOR
Mr. Pavan Kumar, Adv.
Mr. Rajesh Kumar, Adv.
Ms. Neelam, Adv
For Respondent(s) Mr. Santosh Kumar – I, AOR
Mr. Rishi Kumar Awasthi, Adv.
Mr. Prashant Kumar, Adv.
Mr. Piyush Vatsa, Adv.
Ms. Ritu Arora, Adv.
Mr. Usman G Khan, Adv.
Mr. Avinash Ankit, Adv.
Mr. Rahul K Gupta, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed and the appellant is granted anticipatory bail in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(NITIN TALREJA) (VIDYA NEGI)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)
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