Kanchan Kumar @ Kanchan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13216 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- AURAI District- Muzaffarpur ====================================================== Kanchan Kumar @ Kanchan Sahni S/o Sri Sitaram Sahni R/o vill - Dhasana, P.S. - Aurai, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Aurai P.S. Case No. 246/2023 dated 14.10.2023 for the offences punishable u/s 272 and 273 read with 34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 217.095 litres of illicit foreign liquor, 10 litres of desi liquor and 8 kg of yeast were recovered behind the house of the co-accused Baiju Sahni.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. No incriminating article has been
Patna High Court CR. MISC. No.13216 of 2024(2) dt.05-03-2024 2/3 recovered from the conscious possession of the petitioner, hence no case is made out. The recovery is from an open place which is accessible to anyone. 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 reported in 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 nature of allegation against the petitioner, let the 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,
Patna High Court CR. MISC. No.13216 of 2024(2) dt.05-03-2024 3/3 Muzaffarpur in connection with Aurai P.S. Case No. 246/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T