Rambabu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67842 of 2022 Arising Out of PS. Case No.-507 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Rambabu Sahni, Son Of Raghunath Sahni R/V And P.O. Koahi, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 36, 41(1) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the allegation is of recovery of 4186.08 litres of liquor from a truck. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that petitioner was implicated because of his antecedent and he is

Patna High Court CR. MISC. No.67842 of 2022(2) dt.09-12-2022 2/2 neither the owner nor the driver of the alleged seized truck. Learned A.P.P. opposes the bail application.

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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Runnisaidpur P. S. Case No.507 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

However, the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than four cases, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) vikash/- U T