Shansha Kumar Sah @ Shanshah Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86005 of 2023 Arising Out of PS. Case No.-950 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== 1.
Shansha Kumar Sah @ Shanshah Shah S/O Aamerika Sah R/O VillageSudarshan Chowk, Shrinagar, Ps- Muffasil, Distt.- Siwan. 2.
Rakesh Kumar @ Rakesh Kumar Yadav S/O Late Ashok Chaudhary R/O Village- Lakhrawn, P.S- Muffasil, Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh. Adv .
For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Siwan Excise P.S. Case No. 950 of 2023 dated 16.10.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 141.840 litres of illicit Indian made foreign liquor was recovered from an open place of Turha Toli.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 1 has three criminal antecedents whereas the
Patna High Court CR. MISC. No.86005 of 2023(2) dt.29-01-2024 2/3 petitioner no. 2 has one criminal antecedent as stated at para 3 of the bail petition. The name of the petitioners was disclosed by local people. Nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from an open place which is accessible to anyone, 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.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners 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 petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.86005 of 2023(2) dt.29-01-2024 3/3 enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Siwan in connection with Siwn Excise P.S. Case No. 950 of 2023, 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) Gautam/- U T