Mukesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50971 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== MUKESH SAHANI Son of Dharamdev Sahni (Brahmdev Sahni is Uncle) Resident of Village - Gunai Basti, Harpur Bhindi, P.S.- Tajpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Tajpur P.S. Case No. 23 of 2018 registered for offence punishable under sections 272, 273 of the Indian Penal Code and sections 30 (A), 38(a), 38(2), 41(1) and 42(2) of the Bihar Prohibition and Excise Act, 2016.

As per FIR, 25 litres of illegal liquor has been recovered from a hut of Usha Devi and the petitioner has been made accused in the present case on account of the fact that he fled away from there taking advantage of darkness. Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and

Patna High Court CR. MISC. No.50971 of 2019(2) dt.17-08-2019 2/2 accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision in accordance with law. (Shivaji Pandey, J) Mahesh/- U T