Chhotu Kumar @ Chhotu Sahni @ Vikas Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62791 of 2024 Arising Out of PS. Case No.-458 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Chhotu Kumar @ Chhotu Sahni @ Vikas Sahni Son of Surendra Sahni R/oRaja Ghat, Gali, Babuaganj, Gayghat, P.S.- Alamganj, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Adv For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Alamganj P.S. Case No. 458 of 2024 dated 06.06.2024 of the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act 2018.
3. As per the prosecution case, total 400 litres of illicit country made Mahua liquor was recovered near the bank of the Ganga river.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner has no concern with
Patna High Court CR. MISC. No.62791 of 2024(2) dt.04-10-2024 2/3 the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The name of the petitioner has transpired merely on the basis of the suspicion. Similarly situated co-accused has already been granted regular bail by this Court vide order dated 05.08.2024 passed in Cr. Misc. No. 55886 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. 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
Patna High Court CR. MISC. No.62791 of 2024(2) dt.04-10-2024 3/3 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 concerned, Patna in connection with Alamganj P.S. Case No. 458 of 2024 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (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 bond of the petitioner is liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T