Heera Sahni @ Hira Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27946 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== HEERA SAHNI @ HIRA SAHNI, S/O Late Parmeshwar Sahni, R/O Mohalla - Nakhas (Malahtoli), P.S. Hajipur, District - Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Rina Sinha, Adv.

For the Opposite Party :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as point out by the office vide it's note, dated 17.10.2020, within four weeks of starting of the Court in physical mode.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with C2A Case No. 97 of 2019, pending in the Court of the Additional Sessions Judge II-cum-Excise Court, Vaishali at Hajipur, registered under Section 30(k) of the Bihar Prohibition and Excise Act, 2016.

The accusation is of recovery of several bottles in volume of 104.670 liters of Indian made foreign liquor and several bottles of bear in volume of 84.000 liters within the campus outside the house of the petitioner inside the wall. Submission is that the petitioner has no criminal antecedent and he was not apprehended on the spot. Recovery is said to be from the campus of the house of the petitioner.

Patna High Court CR. MISC. No.27946 of 2020(2) dt.05-02-2021 2/2 Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered by the trial Court on its own merit without being prejudiced of this order. (Rajendra Kumar Mishra, J) Shamshad/- U T