Patna High CourtCR. MISC./36109/2024rejected

Narad Sahani @ Narad Sahni v. The State Of Bihar

2024-07-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36109 of 2024 Arising Out of PS. Case No.-722 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Narad Sahani @ Narad Sahni son of Babulal Sahani @ Babulal Sahni VillageKubra Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Harsidhi P.S Case No. 722 of 2023 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, 30 litre country made liquor has been recovered from the hut of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case.

5. Learned APP appearing for the State has

Patna High Court CR. MISC. No.36109 of 2024(3) dt.16-07-2024 2/2 opposed the prayer for bail of the petitioner and submits that investigation of the petitioner in the matter is going on and if he is released on anticipatory bail then the investigation will be affected adversely.

6. From perusal of the F.I.R., impugned order and case diary, it appears that there is recovery of illicit liquor from the hut of the petitioner and petitioner was identified by the local chowkidar when he was trying to escape from the place of occurrence. Prima facie it appears involvement of the petitioner in this case.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T