Rijhan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45996 of 2022 Arising Out of PS. Case No.-627 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Rijhan Sahni Son Of Late Jagarnath Sahni Resident Of Village - Dharpur, P.S.- Minapur, District - Muzaffarpur.

2.

Nagina Sahni Son Of Late Jagarnath Sahni Resident Of Village - Dharpur, P.S.- Minapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Minapur P.S. Case no. 627 of 2019 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a), 38(i), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 50 liters illicit spirit from field which belongs to the petitioners. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.45996 of 2022(2) dt.11-11-2022 2/2 implicated in this case. They has got no criminal antecedent. It is further submitted that neither the petitioners were arrested on spot nor any incriminating article has been recovered from their conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that the alleged field of recovery belongs to the petitioners..

Having heard learned counsel for the parties and taking into consideration that the alleged field belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioners and, as such, their application for bail is rejected.

(Sunil Kumar Panwar, J) amandeep/- U T