Brajesh Sahni @ Brajesh Kr. Sahni @ Brajesh Kumar Sahni Vs… — Anticipatory Bail | Patna HC (2024)

Brajesh Sahni @ Brajesh Kr. Sahni @ Brajesh Kumar Sahni Vs… — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release upon arrest or surrender within six weeks, on bail-bonds of Rs. 10,000/- with two sureties of the like amount each, before the learned Special Judge Excise, Court No.2, Muzaffarpur, subject to Section 438(2) Cr.P.C. conditions and to the trial court's verification of criminal antecedents (order ineffective if more than two cases).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with the case registered under Sections 30(a) of the Bihar Prohibition and Excise Act (Excise P.S. Case No. 1311 of 2024, Muzaffarpur), in which recovery of 279 liters of liquor was alleged.

Court's answer

In the event of his arrest or surrender before the learned Court below within a period of six weeks, the petitioner is directed to be released on bail.

Ratio / Principle

Release is on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge Excise, Court No.2, Muzaffarpur, in connection with Excise P.S. Case No. 1311 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Key takeaways

The learned trial court shall, before accepting the bail bonds, verify the petitioner's criminal antecedents; if the petitioner is found to have antecedents of more than two cases, the present anticipatory bail order shall not be given effect.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J.) allows the Criminal Miscellaneous application of Brajesh Sahni @ Brajesh Kumar Sahni arising out of Excise P.S. Case No. 1311 of 2024, Muzaffarpur, registered for offences under Sections 30(a) of the Bihar Prohibition and Excise Act; counsel submitted antecedents of two cases and an alleged recovery of 279 liters of liquor from Baragaon Chawar. The petitioner is to be released on bail in the event of arrest or surrender within six weeks, on bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge Excise, Court No.2, Muzaffarpur, subject to the conditions under Section 438(2) of the Cr.P.C.; the trial court is to verify the petitioner's criminal antecedents before accepting bail bonds, failing which — if more than two cases are found — the anticipatory bail order shall not be given effect. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66194 of 2024

Arising Out of PS. Case No.-1311 Year-2024 Thana- Excise P.S. District- Muzaffarpur

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

Brajesh Sahni @ Brajesh Kr. Sahni @ Brajesh Kumar Sahni S/o- Ganaur Sahni @ Gaunour Sahani Vill- Barkagaon ward no 2, Ps- Karja DistMuzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ravi Nandan For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 12-09-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 279 liters of liquor from Baragaon Chawar.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot and as such nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large and he came to be implicated

Patna High Court CR. MISC. No.66194 of 2024(2) dt.12-09-2024 2/3

based on the secret information which is the easiest way to implicate someone. It is also submitted that once an accused is implicated in a case relating to Excise, the police starts implicating mechanically.

The learned APP for the State opposes the anticipatory 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Court No.2, Muzaffarpur in connection with .Excise P.S. Case No. 1311 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

It is made clear that 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 two cases, in that event, the present anticipatory bail order shall not be given effect.

Patna High Court CR. MISC. No.66194 of 2024(2) dt.12-09-2024 3/3

The application stands allowed.

(Satyavrat Verma, J.)

Sudhanshu/-

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