Ranjay Sahni @ Ranjan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51091 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- ARER District- Madhubani ====================================================== 1.

Ranjay Sahni @ Ranjan Sahni son of Late Jalle Sahni Village- Balain PsArer Dist- Madhubani 2.

Shita Devi wife of Ranjay Sahni @ Ranjan Sahni Village- Balain Ps- Arer Dist- Madhubani 3.

Jivachhi Devi wife of Ram Lal Sahni Village- Balain Ps- Arer DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2024

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 offence punishable under Sections 272, 273, 34 of the I.P.C. & Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.2 and 3 are women and allegation is of recovery of 5 litres of liquor from a place behind the house of Ramlal Sahni. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the

Patna High Court CR. MISC. No.51091 of 2024(2) dt.30-07-2024 2/2 instance of local people but then submits that police in majority of the cases implicates either at the instance of chowkidar or local people in a mechanical manner.

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

5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Arer P.S. Case No.53/2024, corresponding to G.R. No.703/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. 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 petitioners have antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) amit/- U T