Bishuni Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59624 of 2022 Arising Out of PS. Case No.-656 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== Bishuni Sahni Son Of Late Sitaram Sahni Resident Of Village - Kanti Kathiya, P.S.- Kanti, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Firoz Raza For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. It appears that petitioner has earlier moved before this Court for grant of anticipatory bail which was permitted to be withdrawn vide order dated 24.01.2022 passed in Cr. Misc. No. 25969 of 2021.
There is recovery of 30 litres of illicit country made liquor from the house of the petitioner. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.59624 of 2022(2) dt.09-11-2022 2/2 petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the recovery of the illicit liquor. Considering the fact that recovery has been made from the house of the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
The prayer for grant of anticipatory bail to the petitioner stands rejected.
However, the petitioner may surrender before learned Court below and pray for regular bail which may be considered by the learned Court below without being prejudiced by the order of this Court.
(Sunil Kumar Panwar, J) Shageer/- U T