Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79852 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sheohar ====================================================== Suresh Sahni S/o Late Jagdish Sahni R/o village- Belwa Narkatiya, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in C2-115 of 2019 registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016 and pending in the Court of learned 1st Additional Sessions Judge-cum-Special Judge, Excise, Sheohar.

As per the allegation in the FIR, on search being conducted by the informant and others, the petitioner managed to escape and thereafter on search 114 litres of Nepali liquor is said to have been recovered from the 'Angan' inside his house. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.79852 of 2019(2) dt.20-02-2020 2/2 that the allegations as levelled in the FIR are false and concocted. No recovery as alleged has taken place. There is clear violation of law in preparation of the seizure list and the petitioner has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 114 litres of Nepali liquor from inside the house of the petitioner, the Court is not inclined to enlarge the petitioner on anticipatory bail and as such his application for bail is rejected. The petitioner is directed to surrender in the Court below within four weeks.

(Partha Sarthy, J) Prakash/- U