Prem Sahni @ Niranjan Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89996 of 2024 Arising Out of PS. Case No.-130 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Prem Sahni @ Niranjan Kumar Sahni Son of Nanki Sahni R/o - Ward 17, Rosera Mahabir Asthan, P.S.- Rosera, District - Samastipur, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Vikram Rana, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
3 . Prosecution case is that 6.840 liters foreign liquor and 20 litres country made mahua liquor were recovered within the campus of house of the petitioner.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery . Petitioner has got one criminal antecedent of similar nature in which he is on
Patna High Court CR. MISC. No.89996 of 2024(2) dt.03-04-2025 2/2 bail.
5 . Learned counsel for the State submits that the recovery has been made from the house of the petitioner. He further submits that petitioner is not entitled to the privilege anticipatory bail in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid decision of this Court, this pre-arrest bail petition is rejected.
(Prabhat Kumar Singh, J) Koushik/- U T