Mukesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15092 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== MUKESH SAHNI Son of Raghunath Sahani Resident of Village - Dumarwana Maksudpur, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mrs.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-07-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Excise Case No. 03 of 2019 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation, as per prosecution report, against the petitioner is that 826.470 litres of illegal liquor has been recovered from the hut of the petitioner. It is further alleged that one Samir Rai was helping the petitioner in doing business of illegal liquor.

Learned counsel for the petitioner submits that petitioner is resident of Madhopur whereas the person, who was allegedly helping the petitioner in the trade of illegal liquor, belongs to some other place. He further submits that hut does not belong to

Patna High Court CR. MISC. No.15092 of 2019(3) dt.08-07-2019 2/2 the petitioner.

After having heard learned counsel for the parties and taking into consideration the law laid down by the Full Bench of this Court in Cr. Appeal (SJ) NO. 431 of 2019 and upon perusal of prosecution report, prima facie a case under the Excise Act is made out against the petitioner as such I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail to the petitioner is hereby rejected. (Anil Kumar Sinha, J) sujit/- U T