Vikrama Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77351 of 2023 Arising Out of PS. Case No.-186 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== Vikrama Sahani Son of Raghunath Sahani Resident of village - Banparua, P.S.- Dumariyaghat, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in connection with Dumariyaghat P.S Case No. 186 of 2021 dated 26.09.2021 for the offences punishable u/ss 30(a), 32, 41 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 150 litres of country made liquor, plastic pouch, utensil for measurement of liquor, 3000 litres of raw material were recovered from

Patna High Court CR. MISC. No.77351 of 2023(2) dt.20-12-2023 2/3 village Banparua Sareh while the petitioner and the other co-accused persons fled away during police raid who were identified by local persons.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner is not the owner of the said place of recovery from where the said liquor has been recovered. Learned counsel has further submitted that the there is no specific allegation against the petitioner. The petitioner has three criminal antecedents as stated at 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.

Patna High Court CR. MISC. No.77351 of 2023(2) dt.20-12-2023 3/3

6. 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.

7.

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 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, East Champaran, Motihari in connection with Dumariyaghat P.S Case No. 186 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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