Rajaram Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23135 of 2024 Arising Out of PS. Case No.-87 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== RajaRam Sahni S/o Upendra Sahni R/o vill - Ammadih, P.s. - Bahadurpur, distt. - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.Learned counsel for the petitioner is permitted to make necessary correction in para. 3 of the bail petition during the course of the day.
3. The Petitioner is apprehending his arrest in connection with Bahadurpur P.S. Case No. 87/2021 dated 16.02.2021 for the offences punishable u/s 30(a)(b)(c) of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 16 litres of illicit country-made liquor and liquor making apparatus were recovered near the river kept in the gallon.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.23135 of 2024(2) dt.05-04-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The recovery was from an open place which is accessible to anyone. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. 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.
6. 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.
7. 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
Patna High Court CR. MISC. No.23135 of 2024(2) dt.05-04-2024 3/3 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, Darbhanga in connection with Bahadurpur P.S. Case No. 87/2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T