Patna High CourtCR. MISC./37836/2023dismissed

Saurav Sahni v. The State Of Bihar

2023-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37836 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Saurav Sahni S/O Jugeshwar Sahni R/O Village- Bela Simri, P.S- Gangaur, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Khagaria (Gangaur) P.S. Case No. 02 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 pending in the Court of learned Additional District and Sessions Judge IInd-cum-Special Judge, Excise 1st , Khagaria.

3. As per the prosecution case, 3.750 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.37836 of 2023(2) dt.31-07-2023 2/2 specific rather general and omnibus in nature. He submits that nothing has been recovered either from the possession or place belongs to the petitioner rather recovery was made from the high school. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T