Ravi Prakash Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70985 of 2023 Arising Out of PS. Case No.-239 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Ravi Prakash Sahni Son Of Mahadev Sahani Resident Of VillageBhatiyarisarai, P.S. Town (KOTWALI O.P.), District- Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr.Kanhaiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 144 litres of foreign liquor is said to have recovered from the house of the petitioner and 240 litres of illicit liquor was recovered from a car. He submits that nothing has recovered from the possession of the petitioner. He submits that petitioner has no concern with the seized vehicle, seized liquor. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Patna High Court CR. MISC. No.70985 of 2023(2) dt.28-11-2023 2/2
4. Per contra, learned APP for the State vehemently opposing the bail application and submits that 144 litres of foreign liquor recovered from the house of the petitioner. Hence, he does not deserve anticipatory bail.
5. Considering the facts and circumstances of the case and the fact that 144 litres of foreign liquor was recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Town (Kotwali O.P.) P.S. Case No. 239 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anjani Kumar Sharan, J) ajay/- U T