Chandeshwar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15170 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chandeshwar Sahani s/o Late Kedar Sahani r/o vill Maiwa P.S. Sugauli Dist E. Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Section 47(a) of the Excise Act.

The allegation is that the petitioner was carrying 50 liters of country made liquor but on seeing the excise officials he fled away after throwing the same.

It is submitted that nothing has been recovered from the conscious possession of the petitioner and the petitioner has got no criminal antecedent.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

Patna High Court Cr.Misc. No.15170 of 2016 (2) dt.22-04-2016 2/2 If the petitioner surrenders before the learned court below (learned CJM, East Champaran at Motihari in Excise case No. 35 of 2015) and prays for regular bail, learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that petitioner was carrying small quantity of country made liquor and dispose of the bail petition, preferably, on the same day, if possible.

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