Baua @ Niraj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16134 of 2019 Arising Out of PS. Case No.-490 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Baua @ Niraj Sahani, Son of Fulena Sahani, Resident of Village-Chota Bariyarpur, P.S.-Chhatauni, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is to the effect that from the car of the petitioner, 54 litres of Indian made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that the admittedly when the seizure was made the petitioner was not present in the car. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.16134 of 2019(2) dt.15-03-2019 2/2 Learned APP submits that recovery has been made from the car of the petitioner.

Considering the fact that recovery has been made from the car of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Excise Case No. 490 of 2018, pending in the Court of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari.

However, considering the fact that at the time of seizure, the petitioner was not present in the car, learned Court below may consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T