Sunil Sahani @ Sunil Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14714 of 2022 Arising Out of PS. Case No.-304 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sunil Sahani @ Sunil Chaudhary S/o Late Lalan Chaudhary Resident of Village- Hathiyahi, P.S.- Pipra Kothi, District- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)/30(c)/36 of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 20 liters of country made Chulai wine and 13 Kg. of Nausadar has been recovered from the house of the petitioner. It is submitted that the petitioner is said to have fled away from the place of occurrence after seeing the police. Learned counsel for the petitioner further submits that there is no compliance of Section
Patna High Court CR. MISC. No.14714 of 2022(2) dt.29-07-2022 2/2 100 Cr.P.C.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner has got criminal antecedents of similar nature. Taking into consideration the fact that country made liquor and Nausadar are recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Piprakothi P.S. Case No.304 of 2021, pending in the court of learned Exclusive Special Judge, Excise Court No.1, East Champaran, Motihari. (Anjani Kumar Sharan, J.) Sanjay/- U T