Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85177 of 2024 Arising Out of PS. Case No.-264 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Suresh Sahni Son of Late Bishwanth Sahni Resident of Village- Bilanpur (Purainia), P.S.- Bhagwanpur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 264 of 2024 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition & Excise Amendment Act, 2022.

3. Altogether 50 litres of country made liquor has been recovered from the bushes. It is further alleged that 4500 litres semi-constructed liquor has also been recovered, which was destroyed on the spot.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either

Patna High Court CR. MISC. No.85177 of 2024(2) dt.12-12-2024 2/2 with the seized liquor or the place of recovery or any trade of liquor. The agricultural land from where the alleged recovery has been made does not belong to the petitioner and the said location is easily accessible to anyone. Learned counsel further submits that the petitioner was not apprehended on the spot. He has been made accused in the present case merely on the basis of secret information. He has one criminal antecedent of similar nature of offence that of the present case.

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

6. Having regard to the facts and circumstances of the case, as petitioner is a member of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge him 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