Bula Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41230 of 2016 Arising Out of PS.Case No. -155 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bula Sahani son of Dharichan Sahani, resident of Village- Bada Baisaha, P.S.- Chakiya, District- East Champaran .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Adv. For the Opposite Party : Mr. Murlidhar, APP 110 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2016 Heard both sides.

Petitioner apprehends his arrest in Chakiya P.S. Case No. 155 of 2016 under Sections 272, 273 and 290 of the Indian Penal Code and 47(a) of the Bihar Excise Amended Act. It is submitted that the petitioner was not running any shop, but, on the statement of the co-accused, who disclosed that he had come to take toddy and the petitioner was selling toddy, it appears that the petitioner was running a shop without taking any licence and huge quantity of toddy was recovered. Considering the facts and circumstances, I am not inclined to enlarge the petitioner on anticipatory bail and the same is rejected.

(Prabhat Kumar Jha, J) SA/- U √ T √