Mehndi Khan @ Mehndi Hasan @ Salim @ Mehndi Hasan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51666 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- BUXAR District- Buxar ====================================================== Mehndi Khan @ Mehndi Hasan @ Salim @ Mehndi Hasan Khan Son of Chhedi Khan, resident of Village- Budhanpurwa, P.S. Buxar (T), DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Buxar (T) P.S. Case No. 146 of 2018 dated 30.03.2018 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that he was the person who had got liquor for sale and recovery was of 52 cartons, each containing 48 pieces of 180 ml of liquor.

4. Learned counsel for the petitioner submitted that only because of some secret information, his name has been included in the FIR, but the same does not disclose that as to who had informed the police about the petitioner being the person who had brought the liquor for sale. Learned counsel further

Patna High Court Cr.Misc. No.51666 of 2018 dt.20-09-2018 2/2 submitted that only because of his past antecedent and being accused in an excise matter, the police has implicated the petitioner.

5. Learned APP submitted that huge amount of liquor was seized and thus, obviously the petitioner was indulging in trade and further that in this case, the petitioner is the sole person who is alleged to have been operating the business of selling illegal liquor. It was further submitted that petitioner has 05 criminal cases, besides the present one, pending against him. It was further submitted that no reason has been assigned as to why the police would falsely implicate the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date