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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in connection with Excise and Prohibition Sadar P.S. Case No. 339 of 2024: release on arrest or surrender 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; trial court to verify criminal antecedents before accepting bail bonds, failing which the order shall not be given effect to.

Issue for consideration

Whether the petitioner, apprehending arrest in Excise P.S. Case No. 339 of 2024 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The anticipatory bail is conditional on the petitioner having no criminal antecedents: the learned trial court shall verify the petitioner's criminal antecedent before accepting the bail bonds, and if even one antecedent is found, the present anticipatory bail order shall not be given effect to.

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Prohibition and Excise Act, 2016, S. 30(a) — Allegation of recovery of 20 litres of liquor from a bag kept on a motorcycle; petitioner not arrested from the spot and implicated as owner of the seized vehicle — Held, petitioner entitled to anticipatory bail: to be released on arrest or surrender within six weeks on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under S. 438(2) Cr.P.C. — Further directed that the trial court shall verify the petitioner's criminal antecedents before accepting the bail bonds, and if even one antecedent is found, the anticipatory bail order shall not be given effect to (Satyavrat Verma, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59398 of 2024

Arising Out of PS. Case No.-339 Year-2024 Thana- Excise P.S. District- Darbhanga

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

Shambhu Sahni Son of Ram Sahni @ Ram Ji Sahni Resident of Village - Ammadih, Hanumannagar, P.S.- Bahadurpur, District - Darbhanga (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 20-08-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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

Allegation is of recovery of 20 litres of liquor from a bag kept on a motorcycle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted

Patna High Court CR. MISC. No.59398 of 2024(2) dt.20-08-2024 2/2

that petitioner was completely unaware that Govind Sahani would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with Shiv Kumar Das.

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

Considering the submissions made by the learned counsel for the petitioner, let 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 Excise and Prohibition Sadar P.S. Case No. 339 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J)

Kundan/-