Surendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32248 of 2020 Arising Out of PS. Case No.-193 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Surendra Sahni, S/o Sahdeo Sahni, R/o village- Kawalpur, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj, Advocate.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 193 of 2020, registered under Sections 272, 273 and 274/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016, pending in the court of 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari.

The accusation is that on receiving secret information about selling the illicit liquor by Jalandhar Sahni and Surender Sahni

Patna High Court CR. MISC. No.32248 of 2020(2) dt.08-03-2021 2/2 (petitioner) in village Kawalpur, the informant along with other police personnel reached there near the house of Jalandhar Shani. On seeing the police party, some persons succeeded to flee away taking advantage of the maize field. On search of maize field situated behind the house of Jalandhar Shani, in a plastic sack, 50 pouches each containing 200 ml country made liquor were recovered. Thereafter, cattle shed of Surender Sahni was search, from where, 50 pouches each containing 200 ml country made liquor were recovered. Learned counsel for the petitioner submits that the alleged 50 pouches each containing 200 ml country made liquor are said to be recovered from the cattle shed not from the house of the petitioner. Further submission is that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, I am not inclined to grant privilege of pre-arrest bail to the petitioner. Accordingly, his prayer for pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T