Niraj Sahni @ Niraj Kumar @ Niraj Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32387 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Niraj Sahni @ Niraj Kumar @ Niraj Kumar Sahni, SON OF PRAMOD SAHNI Resident of village- Goriyari, ward no.17, P.S.-Bakhri, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad For the Opposite Party/s :
Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner has preferred this application for grant of anticipatory bail in connection with Bakhri P.S. Case No. 108/2024, dated 27.03.2024, for the offences punishable u/ss 30(a), 30(d) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 15 litres of illicit country made liquor was recovered from the hut of the petitioner made of Karkat.
4. Learned counsel for the petitioner has submitted 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 petitioner is not the owner of the
Patna High Court CR. MISC. No.32387 of 2024(2) dt.23-05-2024 2/3 said hut. The said hut is without door which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner, hence 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 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 APP 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
Patna High Court CR. MISC. No.32387 of 2024(2) dt.23-05-2024 3/3 concerned, Begusarai in connection with Bakhri P.S. Case No. 108/2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T