Ranjeet Kumar Sahani @ Ranjeet Sahani @ Gul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54419 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== 1.
Ranjeet Kumar Sahani @ Ranjeet Sahani @ Gul S/O- Ramdeo Sahni Village- Kanhauli Mallick Tol Ps- Khajauli Dist- Madhubani 2.
Ramdeo Sahani Son of Late Khattar Sahani Village- Kanhauli Mallick Tol Ps- Khajauli Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Khajauli P.S. Case No. 102 of 2023 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioner no.1 has antecedent of one case and petitioner no.2 is a person with clean antecedent and allegation is of recovery of 234 litres of liquor from three motorcycles as detailed in the FIR.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.54419 of 2023(2) dt.23-08-2023 2/3 petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that petitioner no.2 being owner of the seized motorcycle came to be implicated, it is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would get implicated by creating evidence against himself. It is submitted that petitioner no.1 got implicated at the instance of Chowkidar with whom he is on an inimical term, further the petitioner no.2 was completely unaware that his neighbour would misuse the vehicle in the manner as alleged.
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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khajauli P.S. Case No. 102 of 2023 subject to the conditions as laid down under
Patna High Court CR. MISC. No.54419 of 2023(2) dt.23-08-2023 3/3 Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T