Manish Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5218 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
Manish Sahani S/O Etwar Sahani Village- Baradahan, Ps. Muffasil, Dist. East Champaran.
2.
Sharma Sahani @ Bhuta S/O Prabhu Sahani Village- Chailaha Kothi, Ps. Muffasil, Dist. East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Govindganj (Areraj) P.S. Case No. 208 of 2023 dated 13.04.2023 for the offence/s punishable u/s 272, 273 of the IPC and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 100 liters of country made liquor was recovered from the motorcycle.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are neither the owner nor the driver of the said motorcycle. The petitioners
Patna High Court CR. MISC. No.5218 of 2024(2) dt.15-02-2024 2/3 have no concern with the alleged recovery. The petitioners were identified by local Chaukidar. The petitioners have no criminal antecedents as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioners. Learned Counsel has relied on the judgment of Full Bench of the Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners by submitting that the bar of Section 76(2) of the Act applies in this case.
6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.5218 of 2024(2) dt.15-02-2024 3/3 satisfaction of the learned court concerned, Motihari, East Champaran in connection with Govindganj (Areraj) P.S. Case No. 208 of 2023 , subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) annpurna/- U T