Umesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40523 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== UMESH SAHANI Son of Late Siya Ram Sahani Resident of Village - Hathiyahi, P.S. - Pipra Kothi, District - East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2022 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 Piprakothi P.S. Case no. 62 of 2021 instituted for the offence punishable under Sections 420, 414, 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case relates to recovery of huge quantity of IMFL from the house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating
Patna High Court CR. MISC. No.40523 of 2021(2) dt.02-03-2022 2/2 article has been recovered from his conscious and constructive possession.
Learned APP appearing for the State has opposed the prayer of bail.
Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
(Sunil Kumar Panwar, J) sushma/- U