Ram Sahni @ Ram Nath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25092 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- MAHINDWARA District- Sitamarhi ====================================================== RAM SAHNI @ RAM NATH SAHNI SON OF RAMFAL SAHNI R/O VILLAGE- GIDDHA PHULAWARIYA @ GIDDA FULWARIYA, P.S.- MAHINDWARA, DISTRICT- SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahindwara P.S. Case no. 122 of 2020 instituted for the offence punishable under Sections 30(a),(b),(c),(d),(f), 34 and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case relates to recovery of 15 litres of

Patna High Court CR. MISC. No.25092 of 2021(2) dt.19-01-2022 2/2 country made illicit liquor from the joint house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. The alleged joint house belongs to uncle and father and petitioner is a member of that family. Petitioner has no concern with the alleged recovery.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U