Ratan Sahni @ Ratan Kishor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86607 of 2024 Arising Out of PS. Case No.-349 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Ratan Sahni @ Ratan Kishor S/o Lalit Kishore Sahni Resident of VillageKhajauli, PS- Lalganj, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudha, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Lalganj P.S Case No. 349 of 2022 dated 20.09.2022 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 162 litres of illicit India made foreign liquor was recovered from a locked room of community centre.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner, hence no case is made
Patna High Court CR. MISC. No.86607 of 2024(2) dt.21-02-2025 2/3 out. The recovery was made from the community centre which does not belong to the petitioner. The petitioner has no concern with the alleged recovery. The name of the petitioner has disclosed by local people. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The other coaccused person has already been granted bail by this court vide order dated 17.02.2024, passed in Cr. Misc. No. 6620 of 2024. 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.86607 of 2024(2) dt.21-02-2025 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, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 349 of 2022, 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) Siwani/- U T