Ranjeet Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67366 of 2024 Arising Out of PS. Case No.-77 Year-2022 Thana- AMNAUR District- Saran ====================================================== Ranjeet Sahni S/o Indrasan Sahni R/o vill - Chakki Suhagpur, P.S. - Paru, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kumar Yadav For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Amnour P.S Case No. 77/2022 dated 19.03.2022 registered for the offence punishable u/s 272 and 273 of the Indian Penal Code and Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 430 litres of illicit country-made liquor and some equipment used in preparing of the illicit liquor were recovered from the paddy field of the coaccused, Azad Kumar Singh.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.67366 of 2024(2) dt.11-12-2024 2/3 this case. The other co-accused person has already been granted bail by this court vide order dated 25.02.2023 passed in Cr. Misc. No. 61343/2022. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. 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 petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.67366 of 2024(2) dt.11-12-2024 3/3 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, Saran at Chapra in connection with Amnour P.S Case No. 77/2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T