Sujay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33713 of 2023 Arising Out of PS. Case No.-359 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== SUJAY SAHNI, S/o Gandhi Sahni, Resident of Village- Chichurahiya, P.S. Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Turkauliya (Banjariya O.P.) P.S. Case No. 359 of 2023 dated 20.03.2023 registered for the offences punishable u/ss 272, 273 of the Indian Penal Code and u/ss 30 (a), 32, 34, 36 and 41(i) of the Bihar Prohibition and Excise Act. As per prosecution case, 10 litres of country made liquor was recovered near the house of the petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33713 of 2023(2) dt.24-06-2023 2/3 the petitioner has falsely been implicated in this case. Nothing has been recovered from the house of the petitioner. The said recovery has been made from an open place. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. Learned counsel has submitted that 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.

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. 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 bail on furnishing bail-bond of Rs. 20,000/- (Rupees

Patna High Court CR. MISC. No.33713 of 2023(2) dt.24-06-2023 3/3 Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Turkauliya (Banjariya O.P.) P.S. Case No. 359 of 2023, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T