Patna High CourtCR. MISC./26126/2017rejected

Shambhu Sahni v. The State Of Bihar

2017-07-01Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26126 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -KOTWALI District- MUNGER =========================================================== Shambhu Sahni Son of late Mahabir Sahni Resident of Nishad Tola, Chandi Sthan, P.S.-Kotwali (Basudevpur O.P), Distt-Munge .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 01-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kotwali (Basudevpur O.P.) P.S. Case No. 98 of 2017 dated 22.03.2017 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is of selling liquor which is prohibited under law.

4. Learned counsel for the petitioner submitted that he was not apprehended at the spot and only on suspicion, he has been made accused and his name transpired only on the basis of the

Patna High Court Cr.Misc. No.26126 of 2017 dt.01-07-2017 2/2 statement of a person who is not identified. Learned counsel submitted that the petitioner has not been earlier made accused in such crime.

5. Learned A.P.P. submitted that the petitioner is accused in two other cases under Sections 457/380/411 of the Indian Penal Code and further the issue relates not to him having consumed liquor but rather as a facilitator to supply of liquor, which is prohibited under the State Act.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. The application, accordingly, stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T