Amarnath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57490 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Amarnath Sahni Son of Prasadi Sahni Resident of Village Khachkala, P.S.- Khachakala ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in C2A Case No. 08 of 2022, registered for the offence punishable under Sections 30(a), 32(i), 32(iii) and 41(2) of the Bihar Prohibition and Excise Act.

750 KG of Bhang has been recovered from the pickup van of this petitioner. It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner has got clean antecedent, as stated in para 3 of the petition. Counsel for the State vehemently opposed the bail application and submitted that huge quantity of Bhang has been

Patna High Court CR. MISC. No.57490 of 2022(2) dt.02-12-2022 2/2 recovered from a pick-up van of which this petitioner is registered owner.

Considering the facts aforesaid and quantity of recovery, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

(Prabhat Kumar Singh, J) vinita/- U T