Mithilesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34216 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Mithilesh Sahani S/o Sajawal Sahani @ Sajaval Sahani R/o Village- Ajgarwa, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
Mr. Hemant Ray, Adv.
For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Lakhaura P.S. Case No. 222 of 2024 dated 20.12.2024 registered for the offences punishable u/ss 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 133 litres of illicit country-made liquor was recovered from the four motorcycles.
4. Learned counsel for the petitioner has submitted that the petitioner 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 seized vehicles and he has no concern with the alleged recovery.
Patna High Court CR. MISC. No.34216 of 2025(2) dt.18-07-2025 2/3 Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted regular bail by this court vide order dated 05.05.2025 passed in Cr. Misc. No. 27452/2025. 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 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
Patna High Court CR. MISC. No.34216 of 2025(2) dt.18-07-2025 3/3 amount each to the satisfaction of the learned court concerned, Motihari, East Champaran in connection with Lakhaura P.S. Case No. 222 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T