Bhola Sahani @ Bhola Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45340 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Bhola Sahani @ Bhola Sahni S/o Jagan Sahani R/o Village- Kathan Loknathpur, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Lakhaura P.S. Case No. 01 of 2025 dated 01.01.2025 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 60 litres of illicit country-made liquor was recovered from the bank of Sikrahana river in front of the field of Shekh Nuruddin.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The recovery has been made from an open place which is accessible to anyone. No incriminating material has

Patna High Court CR. MISC. No.45340 of 2025(2) dt.01-08-2025 2/3 been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The co-accused person has already been granted regular bail by this Court vide order dated 30.04.2025 passed in Cr. Misc. No. 20433 of 2025. 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 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 material available on record, let the above named petitioner, in the event of his arrest/surrender

Patna High Court CR. MISC. No.45340 of 2025(2) dt.01-08-2025 3/3 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, Motihari, East Champaran in connection with Lakhaura P.S. Case No. 01 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S., with further condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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