Patna High CourtCR. MISC./2740/2024disposed

Jag Naryan Sahni @ Jagti Sahni @ Jay Naryan Sahni v. The State Of Bihar

2024-02-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2740 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== JAG NARYAN SAHNI @ JAGTI SAHNI @ JAY NARYAN SAHNI SON OF LATE DHANIK SAHNI Resident of Village - Paroriya Ward 7, P.S. - Hasanpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Samastipur Excise complaint P.S. Case No. 118 of 2020 dated 28.05.2020 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 15 litres of illicit country made chulai liquor was recovered from the verandah of the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The name of the petitioner has surfaced in this case during the

Patna High Court CR. MISC. No.2740 of 2024(2) dt.02-02-2024 2/2 course of investigation. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the recovery has been made from the verandah of the petitioner's house.

6. Considering the aforesaid facts and circumstances of the case, the prayer of anticipatory bail of the petitioner is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. The application stands disposed of.

(Chandra Prakash Singh, J) jyoti/- U