Patna High CourtCR. MISC./78219/2024dismissed

Amir Sahani v. The State Of Bihar

2024-11-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78219 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- Raghunathpur District- East Champaran ====================================================== Amir Sahani S/o- Mohan Sahani Resident of Village - Raghunathpur , P.S.- Raghunathpur, District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. Altogether 120 litres of country made liquor has been recovered from the bank of Dhanauti river. Seeing the police, petitioner is said to have fled away from the spot.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious possession of the petitioner or from his house. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally

Patna High Court CR. MISC. No.78219 of 2024(2) dt.21-11-2024 2/2 false and based on concocted facts. He was not apprehended on the spot. His name has been transpired in the present case merely on suspicion. Learned counsel further submits that petitioner has six criminal antecedents out of which five are of similar nature of offence that of the present case.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case as well as the criminal antecedents of the petitioner having similar nature of offence that of the present case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. Accordingly, the application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T