Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48815 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== LAL SAHNI, Son of Jivachh Sahani Resident of Village - Navtoliya, Benipur, P.S.- Bahera, Distt - Darbhanga.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with G.O. Case No. 360 of 2019, arising out of Bahera P.S. Case No. 149 of 2019 registered for the offences punishable under Sections 30(a), 32(3) and 41(1) of Bihar Prohibition and Excise Act, pending in the court of Additional Sessions Judge-II-cum-Special Judge, Excise, Darbhanga. Allegation is of recovery of 12 litres of liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that he is not residing in the village, as such seizure list shows recovery is from the house of one Heera Devi, wife of the petitioner.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner stating that there is recovery of

Patna High Court CR. MISC. No.48815 of 2019(2) dt.06-08-2019 2/2 liquor from the house of the petitioner, as such, this application is not maintainable.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and pray for regular bail, the same shall be considered and disposed of on the basis of materials available on the record, if possible, on the same day.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T