Patna High CourtCR. MISC./58533/2022disposed

Sudheer Sahni v. The State Of Bihar

2022-11-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58533 of 2022 Arising Out of PS. Case No.-205 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== SUDHEER SAHNI Son of Raj Kumar Chaudhary Resident of VillageHathiyahi, P.S. Pipra Kothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pipra Kothi P.S. Case no. 205 of 2022 instituted for the offence punishable under Sections 272, 273, 308/34 of the IPC and Section 30(a) and 32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 40 litres of country liquor from the orchard of Shashi shahni and local people disclosed the name of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has been disclosed in this

Patna High Court CR. MISC. No.58533 of 2022(2) dt.18-11-2022 2/2 case by the local people before he police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner is a habitual offender and four cases of excise act are pending against him. Having heard learned counsel for the parties and taking into consideration that petitioner is a habitual offender, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

This application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U