Budhan Sahani @ Buddhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33391 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== BUDHAN SAHANI @ BUDDHAN SINGH SON OF SUKHDEV SAHANI @ SUKDEV SAHNI RESIDENT OF VILLAGE - SIHORWA (BALUA TOLA), POLICE STATION - JADOPUR (YADOPUR), DISTRICT - GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends his arrest in connection with Vishambharpur P.S. Case No.172 of 2023 registered for the offence under Sections 30(a)/41 of the Bihar Prohibition and Excise (Amendment) Act, 2023. 3.

As per FIR, there is recovery of total 429.600 liters of illicit liuqor from inside the boat. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrested on spot. It is submitted that recovery of alleged illicit liquor was

Patna High Court CR. MISC. No.33391 of 2024(2) dt.23-05-2024 2/2 not made from physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

In view of the submissions, as made above, as there is recovery of 429.60 litres of illicit liquor from inside the boat and as name of this petitioner surfaced on secret information and as it also appears from paragraph no.3 of this application that this petitioner is involved in total 09 cases of similar nature, this Court is not inclined to grant bail to the petitioner.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T