Arun Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6334 of 2025 Arising Out of PS. Case No.-34 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== Arun Sahni S/o- Upendra Sahni Village- Sahuri W.No-4, Ps- Birpur DistBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Birpur P.S. Case No. 34 of 2024 dated 13.03.2024 registered for the offences punishable u/ss 30(a) and 32 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 10 litres of illicit country-made liquor and 240 litres of semi-fermented illicit liquor were recovered from a field of the co-accused, Jay Jay Ram Sahni.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the
Patna High Court CR. MISC. No.6334 of 2025(2) dt.02-05-2025 2/3 conscious possession of the petitioner. The recovery was made from an open place that was accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The co-accused person has been granted anticipatory bail by this Court vide order dated 18.02.2025 passed in Cr. Misc. No. 78644 of 2024. Learned counsel has submitted that no case is made out against the petitioner. Learned Counsel has relied on the judgment of Full Bench of 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 petitioner 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
Patna High Court CR. MISC. No.6334 of 2025(2) dt.02-05-2025 3/3 above named petitioner, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Begusarai in connection with Birpur P.S. Case No. 34 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T