Patna High CourtCR. MISC./25145/2022disposed

Sanjeet Sah @ Bhutta v. The State Of Bihar

2022-08-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25145 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== SANJEET SAH @ BHUTTA SON OF GAURI SAH R/O VILLAGEPUNAURA EAST, P.S.- PUNAURA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Punaura P.S. Case no. 20 of 2022 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 27.00 litres of IMFL from two bags and petitioner managed to escape, who was identified by the local Chaukiar.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.25145 of 2022(2) dt.26-08-2022 2/2 conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail three cases of excise act are pending against the petitioner.

Having heard learned counsel for the parties and taking into consideration that petitioner is a habitual offencer, 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 may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U