Patna High CourtCR. MISC./14922/2019dismissed

Raj Kishore Sahani v. The State Of Bihar

2019-03-12Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14922 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== RAJ KISHORE SAHANI, Son of Satrudhan Sahani of Village - Nariyar Nawada, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mrs.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Kanti P.S. Case No. 20 of 2019 registered for the offences punishable under Sections 30(a), 41 and 44 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is stated that he has got no concern with the seized illicit liquor as nothing has been recovered from the house of the petitioner. The name of the petitioner has been dragged in this case showing him as a partner of the alleged offence of liquor business. Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.14922 of 2019(2) dt.12-03-2019 2/2 the prayer for anticipatory bail of the petitioner stating inter alia that the petitioner has got criminal antecedent which will appear from paragraph 3 of the application. It mentions at least two cases of similar nature against the petitioner. Considering the facts and circumstances of the case particularly the criminal antecedent of the petitioner in similar nature of offence, I am not inclined to grant anticipatory bail to the petitioner. His prayer is refused.

In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, the same shall be considered on its own merit and on the basis of the materials available on the record without being prejudiced by the order of this Court and the same shall not be rejected only because this Court has refused to grant anticipatory bail to the petitioner.

(Rajeev Ranjan Prasad, J) arvind/- U T