Ranjeet Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35059 of 2024 Arising Out of PS. Case No.-461 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Ranjeet Sahni Son Of Pachkauri Sahni @ Rajdev Sahni Resident Of Village -Khanjahanchak, Police Station- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 in connection with Lalganj P.S. Case No.461 of 2022.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three case and allegation is of recovery of 500 liters of liquor from the bank of Gandak river.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which

Patna High Court CR. MISC. No.35059 of 2024(2) dt.17-05-2024 2/3 does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of informant. It is next submitted that it appears that the informant in order to save the real culprits falsely implicated the petitioner taking advantage of his antecedents.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Lalganj P.S. Case No.461 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is further made clear that the learned trial court shall also verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases, then also the present anticipatory bail order

Patna High Court CR. MISC. No.35059 of 2024(2) dt.17-05-2024 3/3 shall not be given effect to.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T