Subodh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35067 of 2022 Arising Out of PS. Case No.-349 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Subodh Sahani Son Of Harendra Sahni R/O Village- Talimpur, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Mukeshwar Dayal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30a/41 of the Bihar Prohibition and Excise Act and sections 272 and 273 of the IPC. As per the prosecution case, 198.720 liters foreign liquor was recovered from the Tata Magic Pick-up Van of which petitioner was the driver.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that huge quantity of foreign liquor was recovered from Tata Magic Pick-

Patna High Court CR. MISC. No.35067 of 2022(2) dt.04-11-2022 2/2 up Van of which petitioner was the driver and he was indulged in illegal trade of liquor.

Considering the nature of the allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order. (Prabhat Kumar Singh, J) Shashi U T