Allowed¶23

Ramesh Sahni v. The State of Bihar

Patna HC28 Feb 2024CR. MISC./11376/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Bihar Prohibition and Excise Act, 2018; section 30(a); Section 76(2) bar; Ram Vinay Yadav v. State of Bihar 2019 (2) PLJR 1089; Full Bench Patna High Court; illicit country liquor 15 litres; motorcycle owner not driver; co-accused Hakim Sahni anticipatory bail 16.09.2022 Cr. Misc. No. 32955 of 2022; Siwaipatti P.S. Case No. 33 of 2021; Muzaffarpur; Code of Criminal Procedure section 438(2); bail bond Rs. 20,000 with two sureties; arrest/surrender within six weeks; CR. MISC. No. 11376 of 2024.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail upon arrest/surrender within six weeks, on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under section 438(2) of the Code of Criminal Procedure. ¶23

Ramesh Sahni Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Siwaipatti P.S. Case No. 33 of 2021 for offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018, is entitled to anticipatory bail notwithstanding the bar under Section 76(2) of the Act.

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Court's answer

In the event of his arrest/surrender within a period of six weeks, the petitioner is to be enlarged on anticipatory bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Muzaffarpur, subject to conditions laid down under section 438(2) of the Code of Criminal Procedure; the application stands allowed.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J) (oral order, 28-02-2024) allowed anticipatory bail to the petitioner apprehending arrest in Siwaipatti P.S. Case No. 33 of 2021 (Muzaffarpur) for offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018, arising from recovery of 15 litres of illicit country-made liquor from a motorcycle owned by the petitioner. Counsel relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar 2019 (2) PLJR 1089, under which an application for anticipatory bail under the Excise Act is maintainable despite the Section 76(2) bar where the FIR discloses no such offence; the petitioner, stated to be neither the driver at the material time nor having criminal antecedents, and his co-accused Hakim Sahni already granted anticipatory bail on 16.09.2022 in Cr. Misc. No. 32955 of 2022, was ordered to be enlarged on bail of Rs. 20,000/- with two sureties of the like amount each upon arrest/surrender within six weeks, subject to section 438(2) CrPC conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11376 of 2024

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Arising Out of PS. Case No.-33 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur

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

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Ramesh Sahni S/o Late Chhitnu Sahani R/o vill - Harser, P.S. - Siwaipatti, Distt. - Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Chandra Shekhar Anand, Adv. For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 28-02-2024

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

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The petitioner is apprehending his arrest in a case in connection with Siwaipatti P.S. Case No. 33 of 2021 dated 18.03.2021 for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.

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As per the prosecution case, total 15 litres of illicit country made liquor was recovered from the motorcycle.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the said motorcycle. The said motorcycle was not

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Patna High Court CR. MISC. No.11376 of 2024(2) dt.28-02-2024 2/3

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being driven by the petitioner at the time of the alleged occurrence. The name of the petitioner has transpired in this case because he is the owner of the said motorcycle. The petitioner has no concern with the alleged recovery. The coaccused, namely, Hakim Sahni has been granted anticipatory bail vide order dated 16.09.2022 passed in Cr. Misc. No. 32955 of 2022 by a Co-ordinate Bench of this Court. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioner. 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 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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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.

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Patna High Court CR. MISC. No.11376 of 2024(2) dt.28-02-2024 3/3

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Considering the aforesaid facts and circumstances of the case as well as the material available on record, 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 Siwaipatti P.S. Case No. 33 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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annpurna/-

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U T

Ramesh Sahni v. The State of Bihar

Case brief

What is this about?

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Ramesh Sahni v. The State of Bihar

Case brief

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