Nawal Sahni @ Nawal Kishore Sahni @ Naval Kishore Chaudhary @ Naval Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34946 of 2020 Arising Out of PS. Case No.-259 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Nawal Sahni @ Nawal Kishore Sahni @ Naval Kishore Chaudhary @ Naval Sahni S/o Late Amiri Sahni R/o Madhopur Chhatauna, P.S.- Mufassil, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2021 Heard both sides.
The petitioner apprehends his arrest in Samastipur Mufasil P.S. Case No.259 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.
The informant after having received information about the sell of illegal liquor from under constructed house of Nawal Sahni @ Nawal Kishore Chaudhary, raided the house and recovered 31 bottles each containing 375 ml. and 10 bottles each containing 330 ml. of beer kept in a cartoon. The liquor was recovered from the house of the petitioner. The learned counsel for the petitioner submits that from perusal of the F.I.R. itself, it would appear that house was under construction and there was no door. There was free access
Patna High Court CR. MISC. No.34946 of 2020(2) dt.18-03-2021 2/2 to all and, therefore, for the recovery of wine, the petitioner cannot be held responsible but I find that the informant got specific inputs about the illegal sell of liquor by the petitioner who had kept the liquor in his under constructed house and from there the liquor was recovered.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Saurabh/- U T