Mullaji @ Sahil Raja @ Sajid Hussain Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Mullaji @ Sahil Raja @ Sajid Hussain Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: 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, to the satisfaction of the learned court concerned, Madhubani, in connection with Arer P.S. Case No. 67 of 2021, subject to conditions laid down under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, apprehending arrest in Arer P.S. Case No. 67 of 2021 dated 13.08.2021 (offences u/ss 272, 273, 467, 468, 471 and 120B IPC and u/s 30(a) Bihar Prohibition and Excise Act), is entitled to anticipatory bail. +1 more

Court's answer

In the event of the petitioner's arrest/surrender within six weeks, he is to be enlarged on anticipatory bail on furnishing a 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.

Ratio / Principle

The anticipatory bail application stands allowed.

Key takeaways

No express ruling on Section 76(2) is recorded; however, by granting anticipatory bail after considering the facts, circumstances and nature of allegations despite the prosecution's invocation of the Section 76(2) bar, the court implicitly treated the application as maintainable.¶24

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J), by oral order dated 12-02-2024, allowed the anticipatory bail application (Cr. Misc. No. 4134 of 2024) of Mullaji @ Sahil Raja @ Sajid Hussain, who apprehended arrest in Arer P.S. Case No. 67 of 2021 (District Madhubani) for offences u/ss 272, 273, 467, 468, 471 and 120B IPC and u/s 30(a) of the Bihar Prohibition and Excise Act. Prosecution case: 3562.185 litres of illicit foreign liquor/whisky and 1200 litres of beer recovered from a truck, and 846 litres from a pick-up-van. Petitioner's counsel argued innocence, absence of criminal antecedents, that his name transpired only on secret information, and that he was neither owner nor driver of the vehicles; counsel relied on the Full Bench decision in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, holding that an anticipatory bail application in a Bihar Excise and Prohibition Act case is maintainable despite the Section 76(2) bar where no such offence is made out on the FIR. The A.P.P. pressed the Section 76(2) bar. Considering the facts, circumstances and nature of allegations, the court enlarged the petitioner on anticipatory bail upon arrest/surrender within six weeks on a Rs. 20,000/- bond with two like sureties, subject to section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4134 of 2024

Arising Out of PS. Case No.-67 Year-2021 Thana- ARER District- Madhubani

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

Mullaji @ Sahil Raja @ Sajid Hussain S/O Shahid Hussain R/O VillageKarula Zahid Nagar Gali No. 8, Muradabad (Uttar Pradesh).

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR

... ... Opposite Party/s

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

For the Petitioner/s : Mr.Ravi Ranjan, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP

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

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 12-02-2024

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

2. The petitioner is apprehending his arrest in connection with Arer P.S. Case No. 67 of 2021 dated 13.08.2021 for the offences punishable u/ss 272, 273, 467, 468, 471 and 120B of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3562.185 litres of illicit foreign liquor / Whisky and 1200 litres of beer were recovered from a truck. 846 litres of illicit foreign liquor was recovered from a pick-up-van.

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

Patna High Court CR. MISC. No.4134 of 2024(2) dt.12-02-2024 2/3

this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has transpired in this case only on secret information. The petitioner is neither the owner nor the driver of the said vehicles 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. 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.4134 of 2024(2) dt.12-02-2024 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, Madhubani in connection with Arer P.S. Case No. 67 of 2021, 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/-

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