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High Court of Jharkhand · body

2025 DAILYLAW 27276 (JHR)

VIKASH SAHANI v. STATE OF JHARKHAND

A.B.A./7674/2024 · 2025-01-08

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7674 of 2024 ------ 1. Vikash Sahani 2. Kartik Sahani .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Navneet Anand, Advocate For the State : Mrs. Ruby Pandey, Addl.P.P ------ Order No.03 Dated- 08-01-2025 Heard the parties. Apprehending their arrest in connection with Complaint Case No.5576 of 2024 instituted under Sections 47 (a) (b) (e), 55 of Excise Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in illegal business of foreign liquor. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-11 of the instant bail application, learned counsel for the petitioners submits that the petitioner No.1 namely Vikash Sahani has three criminal antecedents while petitioner No.2 namely Kartik Sahani has no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that the since the petitioner No.1 namely Vikash Sahani has three criminal antecedents, hence, he is a habitual offender, therefore there is every chance of him being involved in illegal business of liquor, if given the privileges of anticipatory bail. It is therefore submitted that petitioners ought not be given the privileges of anticipatory bail. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner No.2 namely Kartik Sahani. Accordingly, the petitioner No.2 namely Kartik Sahani is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.40,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Complaint Case No.5576 of 2024 with the condition that he will co-operate with the trial of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the criminal antecedent of the petitioner No.1 namely Vikash Sahani during the investigation of the case and chance of his being involved in illegal business of liquor, if given the privileges of anticipatory bail, this Court is of the considered view that this is not a fit case where the petitioner No.1 namely Vikash Sahani be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the petitioner No.1 namely Vikash Sahani is rejected. (Anil Kumar Choudhary, J.) Animesh/