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Patna High CourtCR. MISC./54389/2023dismissed

Lalo Sahni @Lalo Sahani v. The State Of Bihar

2023-09-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54389 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== LALO SAHNI @LALO SAHANI SON OF LATE YOGENDRA SAHNI R/O VILLAGE- EKDWARI, PS- WRISNAGAR, DISTT-SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No.161 of 2023, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3.

Allegedly 67.100 litres of foreign liquor is said to have been recovered from the house of the petitioner, who fled away from the spot.

4.

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 nor any incriminating article has been recovered from his conscious physical possession. He has no concern with the

Patna High Court CR. MISC. No.54389 of 2023(3) dt.14-09-2023 2/2 recovery of the illicit liquor or any trade of liquor. It is submitted that no recovery has been made from the house of the petitioner. Petitioner has no criminal antecedent. 5.

Having regard to the facts and circumstances of the case, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 6.

This application is accordingly dismissed.

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