Shiv Narayan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6929 of 2025 Arising Out of PS. Case No.-254 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Shiv Narayan Sahni S/O Jogi Sahni @ Yogeshwar Sahni R/O VillageSakardihar, P.S- Hasanpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Samastipur Excise P.S. Case No.254 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution, the FIR has been lodged against the petitioner from whose possession 5 liters of countrymade liquor alleged to have been recovered.

4. Learned Counsel for the petitioner submits that the petitioner has unnecessarily been made accused in this case at the instance of the police. He submits that petitioner is not residing in the locality and in the year 2019-20 there were two

Patna High Court CR. MISC. No.6929 of 2025(2) dt.19-02-2025 2/2 criminal cases have been filed against him and thereafter the petitioner left the house and started living outside.

5. Learned Counsel for the State opposes the prayer for anticipatory bail and submits that it is true that small quantity of liquor has been recovered, but antecedent of the petitioner is not clean.

6. Considering the fact that the petitioner has been shown absconder, this Court is not inclined to grant anticipatory bail. Hence, the prayer for anticipatory bail is refused. However, liberty is hereby granted to the petitioner that in case he surrenders before the Trial Court, within four weeks from today, then in that case the Trial Court after verifying that he is not absconding in those cases pending against him shall release on bail with his own condition so that he may not evade his appearance in trial. It is made clear that his surrender-cumregular bail application shall be disposed of within same day without being prejudiced by the order of this Court. (Dr. Anshuman, J) Mkr./- U T