Ranjeet Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42822 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Ranjeet Sahani Son of Prabhu Sahani R/O Village- Chailahan Kothi, P.S.- Banjariya, District- East Champaran 2.

Vikash Sahani @ Vikash Kumar Son of Prabhu Sahani R/O VillageChailahan Kothi, P.S.- Banjariya, District- East Champaran 3.

Bhuta Sahani Son of Prabhu Sahani R/O Village- Chailahan Kothi, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioner No. 1 has antecedent of seven cases and Petitioner Nos. 2 and 3 have antecedent of one case and allegation is of recovery of 105 litres of liquor from a place near bank of river. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.42822 of 2024(2) dt.05-07-2024 2/3 recovered from their conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioners. It is further submitted that they came to be implicated at the instance of local people but then the FIR does not disclose the name of the person who disclosed the name of the petitioners, which casts an aspersion on the case of the prosecution.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 35,000/- (Rupees Thirty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya (Banjariya) P.S. Case No. 100 of 2024 subject to the conditions as 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 petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that the petitioner No. 1 has antecedent of more than

Patna High Court CR. MISC. No.42822 of 2024(2) dt.05-07-2024 3/3 seven cases and petitioner No. 2 and 3 have more than one antecedent, in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T