Allowed

Kanhaiya @ Kanhaiya Sahni @ Krishna v. the State of Bihar

Patna HC27 Feb 2024CR. MISC./10722/2024

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a liquor prohibition case, allowing him to surrender within six weeks to secure release on bail bonds of 20,000 rupees each, despite the State's objection regarding the statutory bar under Section 76(2) of the Bihar Prohibition and Excise Act.

What did the court decide?

The petitioner shall be enlarged on anticipatory bail on surrendering within six weeks by furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each.

Kanhaiya @ Kanhaiya Sahni @ Krishna Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10722 of 2024

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Arising Out of PS. Case No.-414 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur

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======================================================

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Kanhaiya @ Kanhaiya Sahni @ Krishna S/O Shankar Sahni @ Shankar Choudhary R/O Village- Ward No. 9, Shambhupatti, P.S- Karpurigram, Distt.Samastipur.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Namita Sharma, Adv. Mr.Anshu Dhar Sharma, Adv. For the Opposite Party/s : Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 27-02-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2. The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 414 of 2023 dated 12.09.2023 for the offences punishable u/ss 272, 273 and 414 of the Indian Penal Code and u/ss 30(a), 36, 37, 41(2)(I) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 207.93 litres of illicit foreign liquor was recovered from a Scorpio and a Swift Dzire vehicles.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

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Patna High Court CR. MISC. No.10722 of 2024(2) dt.27-02-2024 2/3

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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 the apprehended co-accused person. The petitioner is neither the owner nor the driver of the said vehicle and the same was not being driven by the petitioner at the time of the alleged recovery. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted anticipatory bail by the Coordinate Bench of this court vide order dated 09.11.2023 passed in Cr. Misc. No. 73865 of 2023. 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.

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5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by

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Patna High Court CR. MISC. No.10722 of 2024(2) dt.27-02-2024 3/3

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submitting that the bar of Section 76(2) of the Act applies in this case.

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6. 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, Samastipur in connection with Muffasil P.S. Case No. 414 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Kanhaiya @ Kanhaiya Sahni @ Krishna v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kanhaiya @ Kanhaiya Sahni @ Krishna v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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