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Patna High CourtCR. MISC./80520/2019disposed

Shambhu Sahni v. The State Of Bihar

2020-01-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80520 of 2019 Arising Out of PS. Case No.-258 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== SHAMBHU SAHNI Son of Maksudan Sahni Resident of Village - Bimalpur, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Teghra P.S. Case No. 258 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution case is of recovery of 10 litres of liquor from the house of the petitioner and he succeeded in fleeing away. It further appears that houses of four other accused persons were raided on the same day.

Submission of learned counsel for the petitioner is that there is no independent witness to the seizure list and moreover he has no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that there is recovery from his house, as such this application is not maintainable.

Patna High Court CR. MISC. No.80520 of 2019(2) dt.21-01-2020 2/2 In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, this application is disposed of with direction to the petitioner to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

(Vinod Kumar Sinha, J) spal/- U T