Sri Sitaram @ Sita Ram Sahni @ Sita Ram Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57889 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- BANGARA District- Samastipur ====================================================== Sri Sitaram @ Sita Ram Sahni @ Sita Ram Ram S/o Suresh Sahni RO Village - Mirjapur Nishfi, P.S.- Tajpur, District - Samastipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anirudh Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bangara P.S. Case No. 47 of 2024 dated 08.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and under Sections 279, 337, 338, 307, 353, 427, 467, 468, 471, 414 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, total 279 litres of illicit foreign liquor was recovered from the Tata Safari.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of
Patna High Court CR. MISC. No.57889 of 2025(2) dt.26-09-2025 2/3 the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean criminal antecedent as stated at para 3 of the bail petition. 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, 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 concerned,
Patna High Court CR. MISC. No.57889 of 2025(2) dt.26-09-2025 3/3 Samastipur in connection with Bangara P.S. Case No. 314 of 2025, 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) Siddharth Soni/- U T