Shankar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52148 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== SHANKAR SAHANI Son of Paltan Sahni Resident of Village- Keotsa, P.S.- Gaighat (Benibad O.P.), District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudha Chandra For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Gaighat P.S.Case No.71 of 2019 registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016..

Allegation against the petitioner is about recovery of 5 ltrs. Of liquor from the house of the petitioner. Submission of the learned counsel for the petitioner is that he has been implicated by planting liquor in his house at the instance of the Mukhiya with whom he has enmity. He has criminal antecedent also.

Heard learned A.P.P. ,w ho has opposed the prayer for bail on the ground of recovery.

Having heard both sides and in view of the facts and

Patna High Court CR. MISC. No.52148 of 2019(2) dt.21-08-2019 2/2 circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court and if possible to be disposed of on the same day. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U