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Patna High CourtCR. MISC./49085/2022dismissed

Vinod Sahni v. The State Of Bihar

2022-11-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49085 of 2022 Arising Out of PS. Case No.-295 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== VINOD SAHNI Son of Aklu Sahni Resident of Village - Dumariya, P.s.- Minapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in connection with Minapur P.S. Case No.295 of 2022, registered for the offence punishable under Sections 272, 273/34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act. Allegedly 15 litres of country made liquor and other wine making articles is said to have been recovered from the spot. It is alleged that petitioner is a member of the syndicate involved in manufacturing of illicit liquor.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot

Patna High Court CR. MISC. No.49085 of 2022(2) dt.04-11-2022 2/2 nor any incriminating article has been recovered from his conscious physical possession. He has been made accused in this case only on suspicion. He has no concern with the recovery of the illicit liquor or any trade of liquor. There is no compliance of section 100 of the Cr.P.C. Petitioner has one criminal antecedent.

Having regard to the facts and circumstances of the case, since petitioner is a member of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T