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Patna High CourtCR. MISC./2784/2025dismissed

Ashok Sahni @ Masho @ Ashok Sahani v. The State Of Bihar

2025-02-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2784 of 2025 Arising Out of PS. Case No.-501 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Ashok Sahni @ Masho @ Ashok Sahani Son of Suresh Sahni Resident of Village- Gunayi Bashi, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Altogether 3 liters of country made liquor is said to have been recovered from house of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not

Patna High Court CR. MISC. No.2784 of 2025(2) dt.07-02-2025 2/2 apprehended on the spot and his name transpired in the case only on the basis that the recovery has been made from his house. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of bail on his behalf is hereby rejected.

7. It is, accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T