Premlal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84634 of 2023 Arising Out of PS. Case No.-348 Year-2023 Thana- BISFI District- Madhubani ====================================================== 1.
Premlal Sahani Son of Late Sukan Sahani Resident of Village- Zero Mila, P.S.- Bisfi (Aunsi), District- Madhubani.
2.
Ramprit Sahani Son of Late Sukan Sahani Resident of Village - Zero Mile, P.S.- Bisfi (Aunsi), District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2024 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 Bisfi (Aunsi) P.S. Case No. 348 of 2023 dated 07.03.2023 registered for the offences punishable u/ss 272, 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 36 litres of illicit Nepali liquor was recovered from the orchard of the co-accused.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 1 has one criminal antecedent whereas the
Patna High Court CR. MISC. No.84634 of 2023(2) dt.23-01-2024 2/3 petitioner no. 2 has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioners was disclosed by villagers. Nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from the orchard of the co-accused, 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.84634 of 2023(2) dt.23-01-2024 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, Madhubani in connection with Bisfi (Aunsi) P.S. Case No. 348 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