Sanjay Kumar Sahni @ Sanjay Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74650 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- DEODHA District- Madhubani ====================================================== Sanjay Kumar Sahni @ Sanjay Kumar Sahani S/O Satya Narayan Sahni R/O Village- Sidhapkala, Ward No. 11, P.S- Ladaniya, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikas Kumar Jha For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== 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 G.R. No. 689/2024 arising out of Deodha P.S. Case No. 49 of 2024 dated 09.05.2024 registered for the offences punishable u/ss 272 and 273 read with Section 34 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 243 litres of illicit foreign liquor was recovered from the three motorcycles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.74650 of 2024(2) dt.11-12-2024 2/3 para 3 of the bail petition. The petitioner is the owner of one of the motorcycle but the said motorcycle was not being driven by the petitioner at the time of the alleged occurrence. The other co-accused person has already been granted bail by this court vide order dated 05.08.2024 passed in Cr. Misc. No. 55440/2024. 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 petitioner, let the above named petitioner, in the event of his

Patna High Court CR. MISC. No.74650 of 2024(2) dt.11-12-2024 3/3 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, Madhubani in connection with G.R. No. 689/2024 arising out of Deodha P.S. Case No. 49 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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