Ranjit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55789 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- MORO District- Darbhanga ====================================================== RANJIT SAHNI S/O MOHAN SAHNI R/O VILLAGEMOHAMMADPUR, P.S.- MORO, DIST.- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 4 litres of liquor from the semi constructed house of the petitioner.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the house from where the recovery is alleged to have been made was not habitable as it was under constrcution and thus was accessible even to the villagers at large but the police in a mechanical

Patna High Court CR. MISC. No.55789 of 2023(2) dt.25-08-2023 2/2 manner implicated the petitioner when admittedly petitioner is a person with clean antecedent. It is further submitted that no prudent person would use his own premise for committing an occurrence and thus would create evidence against himself and hence would get implicated when even the alleged recovery is of very meager amount of liquor.

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

7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) 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 Moro P.S. Case No. 39 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T