Jitendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1792 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Jitendra Sahani, S/o Jagdish Sahani, Resident of Village- Madhopur Hazari, P.S.- Sahebganj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yashraj Bardhan, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 272, 273 of the Indian Penal Code, Sections 30A and 35A of Excise Act. It is alleged in the written report that 56 bottles of Royal Stag Classic Whisky each containing 750 ml. kept beneath a cot and 24 bottles of Royal Stag Classic Whiskey each containing 750 ml. from a car parked in front of the house of the petitioner were recovered. The seizure list bears the signature of mother of the petitioner. The petitioner is said to have fled away from the house.

The learned counsel for the petitioner submits that the petitioner was not present when the seizure list was prepared. On

Patna High Court Cr.Misc. No.1792 of 2017 (2) dt.19-01-2017 2/2 the date of occurrence, he was in Arunachal Pradesh, but he did not produce any document to support this fact. In such circumstances, since huge quantity of foreign liquor has been recovered from the house of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- U T