Pappu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6707 of 2020 Arising Out of PS. Case No.-393 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== PAPPU SAHANI Son of Vipinlal Sahani Resident of Mehwa, P.S.-Sugauli, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-08-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Sugauli P.S. case No. 393/2019 registered u/s 30(a) of the Bihar Prohibition & Excise Act.

The informant, S.H.O., Sugauli, alleged that he was on night paroling on 14.09.2019 and when he reached near Chapra Guwas Gumati he saw that one motor cycle was coming but seeing the police the motor cyclist fled away. One bag was found tied on the motor cycle. On search, 50 liters of country made liquor was recovered. The informant alleged that villagers disclosed that it was the petitioner who managed to flee away and the petitioner used to sell liquor by moving around the

Patna High Court CR. MISC. No.6707 of 2020(3) dt.31-08-2020 2/2 village.

The learned counsel for the petitioner submits that petitioner is resident of the far away village from the place of occurrence. Nobody has identified the petitioner and the petitioner has falsely been implicated in the case but it appears that petitioner has got no enmity with the villagers and almost all the witnesses disclosed that it was the petitioner who was carrying the liquor on the motor cycle and after seeing the police party he managed to flee away.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T