Sunil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55746 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== SUNIL SAHANI Son of Pathlu Sahani Resident of Village - Nariyar Nawada, P.S.- Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2019 Heard both sides.

The petitioner apprehends his arrest in Motipur P.S. Case No.30 of 2019 registered under Sections 30(a), 38(1)(2) and 41(1) of Bihar Prohibition and Excise Act. On secret information that the petitioner had stored huge quantity of liquor in his straw room and the community hall, situated near the house of the petitioner, a raid was conducted. 341 liters of different brands of Indian made foreign liquor was recovered from the community hall situated near the house of the petitioner and 142 liters of different brands of Indian made foreign liquor was recovered from the straw house of the petitioner.

The learned counsel for the petitioner submits that seizure list witnesses are police officials and nothing has been

Patna High Court CR. MISC. No.55746 of 2019(2) dt.06-09-2019 2/2 recovered from the conscious possession of the petitioner but on the face of it, it appears that police got information that petitioner has kept huge quantity of liquor in his straw room as well as in the community hall situated near the house of the petitioner and accordingly, huge quantity of liquor was recovered.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T