Chandan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34536 of 2022 Arising Out of PS. Case No.-305 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.
CHANDAN SAHNI Son of Nathuni Sahni Resident of Village - Bithauli, P.s.- Bhagwanpur, Distt.- Vaishali.
2.
Sanoj Sahni Son of Nathuni Sahni Resident of Village - Bithauli, P.s.- Bhagwanpur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bhagwanpur P.S. Case no. 305 of 2021 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case relates to recovery of 210 litres IMFLwhich was kept hidden under the ground of a hut, which belongs to the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely
Patna High Court CR. MISC. No.34536 of 2022(3) dt.06-12-2022 2/2 implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating 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 hut 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