Meghan Sahni @ Meghan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29541 of 2024 Arising Out of PS. Case No.-429 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Meghan Sahni @ Meghan Kumar, aged about 26 years, Male, S/O Jaglal Sahni, R/O Village- Salempur, P.S- Lalganj, District- Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party :
Mr. Pronoti Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Lalganj P.S. Case No. 429 of 2023 dated 10.12.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 120 litres of illicit country made liquor was recovered near the Pachrasiya Pokhar. (Salempur Diyar).
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery rather the
Patna High Court CR. MISC. No.29541 of 2024(2) dt.19-07-2024 2/3 recovery has been made from an open place which is accessible to anyone. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted anticipatory bail by this Court vide order dated 27.03.2024 passed in Cr. Misc. No. 19242 of 2024. 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
Patna High Court CR. MISC. No.29541 of 2024(2) dt.19-07-2024 3/3 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, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 429 of 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/amanU T