Ranjit Sahni @ Indrajit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20635 of 2020 ========================================================== Ranjit Sahni @ Indrajit Sahani, aged about 31 years, male, Son of Sital Sahni, R/o Village-Janki Nagar, P.S.-Sonbarsa, Distt.-Sitamarhi. ...........Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Adv. For the State : Mr. Nirmal Kumar Sinha, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02/- 24/07/2020 Heard Mr. Hans Lal Kumar, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Sonbarsa P.S. Case No. 287 of 2019 instituted for the offences under Section 414 of the Indian Penal Code and Sections

30(a), 38, 41, 42 and 44 of the Bihar Prohibition and Excise Act, 2016.

It appears from the F.I.R. that one Tata Sumo vehicle and one motorcycle was intercepted. Some of the persons tried to flee away. One of the persons trying to make good his escape was apprehended, who disclosed his name as Afroj Mansoori. The petitioner has been named by aforesaid arrested person, viz., Afroj Mansoori. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and except for the confession of Afroj Mansoori when he was arrested, there is no other material to connect the petitioner with the offence. It has further been submitted that the petitioner is a person of clean antecedent. It has thus been submitted that no offence under any one of the provisions of the Excise Act can be said to be made out.

Regard being had to the facts afore-stated, the petitioner abovenamed, in the event of his arrest/surrender before the Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bond in the sum of Rs.

satisfaction of learned 2nd Addl. Sessions Judge-Cum-Special Judge, Excise, Sitamarhi in connection Sonbarsa P.S. Case No. 287 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J.) Praveen-II/- U T