Ranjeet Sahani @ Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33959 of 2024 Arising Out of PS. Case No.-895 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ranjeet Sahani @ Ranjeet Kumar Son Of Bhuteli Sahani Resident Of Village - Ajagarwa, P.S. - Lakhaura, District - East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2024
1. 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 Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act in connection with Muffasil (Lakhisarai) P.S. Case No.895 of 2023.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 40 liters of liquor from a motorcycle.
4. It is next submitted that petitioner was not arrested
Patna High Court CR. MISC. No.33959 of 2024(2) dt.13-05-2024 2/3 from the spot as such nothing was recovered from his conscious possession and is not the owner of the motorcycle he came to be implicated in the instant case by the Chowkidar with whom he is on inimical term. It is next submitted if 'Chowkidar' was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR, which cast an aspersion on the case of the prosecution.
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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran in connection with Muffasil (Lakhisarai) P.S. Case No.895 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the
Patna High Court CR. MISC. No.33959 of 2024(2) dt.13-05-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T