Rishi Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86608 of 2023 Arising Out of PS. Case No.-495 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Rishi Sahni S/o- Late Kishun Sahni Resident of Village- Charkoriya, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Gaurav Kumar, Advocate.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 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 Kudhani (Turki O.P.) P.S Case No. 495 of 2022 dated 13.10.2022 for the offences punishable u/ss 272, 273, 414 read with 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 200.740 litres of illicit liquor was recovered from the motorcycle,

Patna High Court CR. MISC. No.86608 of 2023(2) dt.30-01-2024 2/3 Mahindra Verito and Mahindra Scorpio vehicles.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is neither the owner nor the driver of the said vehicles. The co-accused has already granted anticipatory bail by the Coordinate Bench of this court vide order dated 23.2.2022 passed in Cr. Misc No. 71211 of 2022. The petitioner has no criminal antecedent 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.

6. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.86608 of 2023(2) dt.30-01-2024 3/3 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, Muzaffapur in connection with Kudhani (Turki O.P.) P.S Case No. 495 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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