Chhote Lal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36968 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- BAGHA District- West Champaran ====================================================== 1.

Chhote Lal Sahani Son of Ambika Sahani, Resident of Kailash Nagar, Ward No.7, P.S-Bagaha (Patkhauli), District-West Champaran. 2.

Heera Lal Sahani @ Mushi Sahani Son of Ambika Sahani, Resident of Kailash Nagar, Ward No.7, P.S-Bagaha (Patkhauli), District-West Champaran.

3.

Nand Lal Sahani Son of Ambika Sahani, Resident of Kailash Nagar, Ward No.7, P.S-Bagaha (Patkhauli), District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2019 Heard both sides.

Petitioners apprehend their arrest in Bagaha (Patkhauli) P.S. Case No.93 of 2019 registered under Sections 272, 273 and 414 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act. The informant got information that petitioner no.2 Heera Lal Sahani @ Mushi Sahani, who is also an accused in Bagaha (Patkhauli) P.S. Case No.376 of 2018 registered under section 30(a) of the Bihar Prohibition and Excise Act, brought liquor and kept in his house. On such information, a raid was conducted. From the motorcycle kept in the house, two bottles

Patna High Court CR. MISC. No.36968 of 2019(2) dt.17-06-2019 2/2 of liquor were recovered and from the house of petitioners 25 bottles each containing 180 ml of 8 PM whiskey were recovered.

Learned counsel for the petitioners submits that the petitioners are own brothers and petitioner no.1 has got no criminal antecedent. Petitioner nos.2 and 3 are accused in Bagaha (Patkhauli) P.S. Case No.376 of 2018, but it appears that the informant alleged that all the three brothers are indulged in illegal trade of illicit liquor and from the house of all the three petitioners, 25 bottles of 8 PM whiskey were recovered. Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T