Patna High CourtCR. MISC./55884/2019bail rejected

Ganesh Sahni v. The State Of Bihar

2019-09-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55884 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== GANESH SAHNI Son of Late Shibu Sahni Resident of Village - Hanuman Nagar ward No. 8, P.S.- Rosera, Distt - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise P.S. Case No.202 of 2019 registered under Section 30(a) of the Bihar Excise (Amendment) Act, 2018, pending in the court of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Samastipur.

The accusation is of recovery of 58 bottles, each containing 375 ml., and 23 bottles, each containing 180 ml., Indian Made Foreign Liquor from the courtyard of the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that neither the copy of the seizure list was given to the

Patna High Court CR. MISC. No.55884 of 2019(2) dt.03-09-2019 2/2 family members of the petitioner nor the signature of any witness was obtained on the seizure list. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T