Allowed¶20

Ranjit Sahni v. The State of Bihar

Patna HC18 Mar 2024CR. MISC./17025/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) CrPC conditions; Section 30(a) Bihar Prohibition and Excise (Amendment) Act 2022; deemed possession done away with by 2018 amendment; recovery of 15 litres liquor from house; joint family property; clean antecedent; bail bonds Rs.500 with two sureties; Warisnagar P.S. Case No. 445 of 2023; Samastipur; Patna High Court; CRIMINAL MISCELLANEOUS No.17025 of 2024; Satyavrat Verma J; 18-03-2024.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. ¶20

Ranjit Sahni Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17025 of 2024

¶2

Arising Out of PS. Case No.-445 Year-2023 Thana- WARISNAGAR District- Samastipur

¶3

======================================================

¶4

Ranjit Sahni S/o Late Ramchandra Sahni R/o Vill - Hansa, P.S. - Warisnagar, Dist. - Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Ms. Gulnar Begum, A.P.P. ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶10

2 18-03-2024

¶11

Heard learned counsel for the petitioner and learned

¶12

A.P.P. for the State.

¶13

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, 2022.

¶14

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

¶15

Allegation is of recovery of 15 litres of liquor from the house of the petitioner.

¶16

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and after amendment in the Excise Act in the year, 2018, the concept of deemed possession and presumed offender has been done away with. It is further submitted that the house in question is a joint family property as such it cannot be alleged with certainty that it was the petitioner who had kept the

¶17

Patna High Court CR. MISC. No.17025 of 2024(2) dt.18-03-2024 2/2

¶18

liquor in the house or the liquor kept in the house was within his knowledge. It is next submitted that petitioner came to be implicated at the instance of the local people but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts as aspersion on the case of the prosecution, when petitioner admittedly is a person with clean antecedent.

¶19

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

¶20

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.500/- (Rupees Five Hundred) 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 Warisnagar P.S. Case No. 445 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶21

(Satyavrat Verma, J)

¶22

Kundan/-

¶23

U T

Ranjit Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ranjit Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mukesh Kumar @ Mukesh Yadav Vs The State of Bihar

Rajesh Yadav @ Rajesh Kumar Vs The State of Bihar

Chhotu Singh @ Nishant Kumar Vs The State of Bihar

Ramesh Sah Vs The State of Bihar

Raju Chaudhary @ Raju Kumar Chaudary Vs The State of Bihar

Avinash Kumar Singh Vs The State of Bihar