Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.475 of 2020 Arising Out of PS. Case No.-583 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

JITENDRA SAHNI Son of Rajkumar Sahni Resident of Village - Charkoriya, PS- Kurhani (Turki O.P.), District- Muzaffarpur. 2.

Manveer Sahni Son of Rajkumar Sahni Resident of Village - Charkoriya, PS- Kurhani (Turki O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-06-2020 Heard both sides through Video Conferencing.

Petitioners apprehend their arrest in Kurhani P.S. Case No.583 of 2019 registered under Sections 414 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The police intercepted a vehicle and apprehended two persons, namely, Shiv Narayan Kumar and Kailash Sahni and recovered motorcycle and about 21 litres of liquor from their possession while they were carrying the same. Shiv Narayan Kumar and Kailash Sahni disclosed that Mukesh Sahni, Jitendra Sahni (petitioner no.1) and Manveer Sahni (petitioner no.2) are indulged in selling liquor. On such, the house of the petitioners

Patna High Court CR. MISC. No.475 of 2020(3) dt.09-06-2020 2/2 was searched and altogether 36 litres of Indian made foreign liquor of different brands was recovered.

Learned counsel for the petitioners submits that the recovery is made from the joint house of the petitioners. The petitioners had not kept liquor but it appears that the police got information from Shiv Narayan Kumar and Kailash Sahni that the petitioners are indulged in selling liquor and on such information the house of the petitioners was raided and 36 litres of Indian made foreign liquor of different brands was recovered. Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T