Pradeep Sahani @ Pradeep Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57606 of 2022 Arising Out of PS. Case No.-595 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== PRADEEP SAHANI @ PRADEEP KUMAR SAHNI Son of Arun Sahani @ Ramesh Sahni R/V- Raghunathpur Ward No. 2, P.S- Raghunathpur (O.P) DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 45 liters of liquor kept on a motorcycle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the name transpired in the confessional statement

Patna High Court CR. MISC. No.57606 of 2022(2) dt.07-11-2022 2/2 of Jitendra Sahni.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is absolutely no pleading in the anticipatory bail application with respect to the ownership of the alleged motorcycle from where the recovery was made and thus submits that it appears that the motorcycle belong to the petitioner.

Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

However, in the event if the petitioner surrenders on or before 24.11.2022, the learned Trial Court shall dispose of the case on the same day keeping in mind that the alleged recovery is of meagre quantity.

(Satyavrat Verma, J) HarshPandey/- U T