Patna High CourtCR. MISC./39742/2022dismissed

Mohan Sahni v. The State Of Bihar

2022-09-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39742 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- TARAIYA District- Saran ====================================================== Mohan Sahni Son Of Jaglal Sahani R/O Village- Baniya Hasanpur, P.S.- Taraiya, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a), 33, 34, 36 of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 30 liters of spirit and other articles such as bottle caps, wrappers and utensil are said to have recovered from the place of occurrence. He submits that the

Patna High Court CR. MISC. No.39742 of 2022(2) dt.30-09-2022 2/2 local Choukidar disclosed the name of the petitioner. He further submits that petitioner has two criminal antecedent as stated in para-3 of the bail application.

Considering the facts and circumstance of the case and the fact that petitioner is involved in manufacturing of illegal liquor, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Taraiya P.S. Case No. 08 of 2022. (Anjani Kumar Sharan, J) Trivedi/- U T