Patna High CourtCR. MISC./31061/2024partly allowed disposal

Sanjay Sahni v. The State Of Bihar

2024-04-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31061 of 2024 Arising Out of PS. Case No.-428 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

Sanjay Sahni S/o Sukhari Sahni R/o vill - Tikulija Dhab Tola, P.s. - Muffasil Motihari, Distt. - East Champaran 2.

Manoj Shani S/o Sukul Sahni R/o vill - Tikulija Dhab Tola, P.s. - Muffasil Motihari, Distt. - East Champaran 3.

Saheb Sahni @ Saheb Kumar S/o Shiv Sahni R/o vill - Tikulija Dhab Tola, P.s. - Muffasil Motihari, Distt. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Prasad, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-04-2024 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 Excise P.S. Case No. 428 of 2021 dated 07.11.2021 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 70 litres of illicit country made liquor and 10,000 litres of sweet jaggery solution were recovered from the bank of Dab river.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.31061 of 2024(2) dt.24-04-2024 2/3 implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioners has transpired in this case merely on suspicion. The petitioners have no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners, 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.

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 the record, let the

Patna High Court CR. MISC. No.31061 of 2024(2) dt.24-04-2024 3/3 above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran, Motihari in connection with Excise P.S. Case No. 428 of 2021, 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) Gautam/- U T