Mukesh Sahni @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54971 of 2022 Arising Out of PS. Case No.-407 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== MUKESH SAHNI @ MUKESH KUMAR Son of Sikhdev Sahni R/VGardaniya Chowk, Maltoli, Dardha,PS- Sakra, Dist Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar @ S.K.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 6 liters of country made liquor is said to have been recovered from the house of the petitioner and the petitioner managed to escape
Patna High Court CR. MISC. No.54971 of 2022(2) dt.18-11-2022 2/2 from the place of occurrence. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. Petitioner has one criminal antecedent of similar nature as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, recovery of liquor from the house of the petitioner and the criminal antecedent of the similar nature of the offence, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) Trivedi/- U T