Ram Prawesh Sahni @ Ram Pravesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86078 of 2023 Arising Out of PS. Case No.-628 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Ram Prawesh Sahni @ Ram Pravesh Sahni S/O Jamdar Sahni R/O VillageBangra Nizamat, P.S- Sahebganj, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sahebganj P.S. Case No. 628 of 2020 dated 14.12.2020 for the offences punishable u/ss 272 and 273 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 200 litres of illicit country made chulai liquor, 1 Kg. mitha cheki and the other articles were recovered from bush situated at canal (nahar) and also 5000 litres of unprepared illicit liquor was found which was destroyed on the spot. 40 litres of illicit country made liquor was also recovered from the house of the co-accused, Sanjay Rai.
Patna High Court CR. MISC. No.86078 of 2023(2) dt.29-01-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner was disclosed by local Chowkidar. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from the house of the co-accused person. Nothing 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
Patna High Court CR. MISC. No.86078 of 2023(2) dt.29-01-2024 3/3 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, Muzaffarpur in connection with Sahebganj P.S. Case No. 628 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T