Anil Kumar Sahni @ Anil Kumar @ Anil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56069 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Anil Kumar Sahni @ Anil Kumar @ Anil Sahni Son of Late Govind Sahni R/V-VILLAGE- CHAK MOTIPUR, P.S.- TAJPUR, DISTRICTSAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Adv For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner seeks bail in connection with Samastipur (Sadar) Excise P.S. Case No. 182 of 2024 dated 17.06.2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2016.

3. As per the prosecution case, F.I.R. has been lodged against the present petitioner against whom there is an allegation of recovery of 22 litre of illicit liquor from a scooty bearing registration no. BR-33AN-9780.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that he has clean antecedent. He further submits that

Patna High Court CR. MISC. No.56069 of 2024(2) dt.17-01-2025 2/2 petitioner has not been arrested from the place of occurrence. He further submits that though the scooty used in the alleged crime is registered in the name of the petitioner but it was not being used by him rather other members was using.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that granting anticipatory bail to the petitioner may effect the investigation of this case.

6. From perusal of the F.I.R., impugned order and case diary, it appears that petitioner is the registered owner of the scooty, Prima Facie, it appears involvement of the petitioner in this case.

7. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, the present petition is barred by Section 76(2) of Bihar Prohibition and Excise Act, 2016, I am not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U