Allowed¶23

Suresh Sahani @ Geda @ Suresh Sahni v. The State of Bihar

Patna HC23 Feb 2024CR. MISC./9984/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Bihar Prohibition and Excise Act S. 30(a); Section 76(2) statutory bar; maintainability of anticipatory bail in excise cases; Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (Full Bench); illicit country-made liquor recovery; bank of the Ganga; Nadi P.S. Case No. 380 of 2023; Patna High Court CR. MISC. No.9984 of 2024; section 438(2) CrPC conditions; bail-bond Rs. 20,000/-; Chandra Prakash Singh, J.; decided 23-02-2024.

What did the court decide?

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, Patna City, subject to conditions under section 438(2) CrPC. ¶23

Suresh Sahani @ Geda @ Suresh 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 Nadi P.S. Case No. 380 of 2023 for the offence under S. 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail notwithstanding the bar under Section 76(2) of the Act.

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Court's answer

Considering the facts, circumstances and material on record, the petitioner, in the event of his arrest or surrender within six weeks, is to be enlarged on anticipatory bail on furnishing a 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, Patna City, in connection with Nadi P.S. Case No. 380 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure; the application stands allowed.

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Detailed headnote1 paragraphs

Anticipatory bail granted – Patna High Court, Crl. Misc. No. 9984 of 2024 (order dt. 23-02-2024), Chandra Prakash Singh, J. – Petitioner apprehending arrest in Nadi P.S. Case No. 380 of 2023 (dt. 11.11.2023) for offence u/s 30(a) of the Bihar Prohibition and Excise Act; prosecution case of recovery of 10 litres of illicit country-made liquor from the bank of the Ganga; defence that no incriminating material recovered from conscious possession and the recovery was from an open place accessible to anyone, with one similar criminal antecedent; petitioner's counsel relied on the Full Bench decision in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (per which an anticipatory bail application under the Bihar Excise and Prohibition Act is maintainable despite the Section 76(2) bar where the FIR allegations disclose no offence under that provision); State invoked the Section 76(2) bar; court enlarged the petitioner on anticipatory bail on arrest/surrender within six weeks, bail-bond Rs. 20,000/- (Rupees twenty thousand) with two like sureties, to the satisfaction of the court concerned, Patna City, subject to section 438(2) CrPC conditions; application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9984 of 2024

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Arising Out of PS. Case No.-380 Year-2023 Thana- NADI P.S. District- Patna

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

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Suresh Sahani @ Geda @ Suresh Sahni S/o Rambabu Sahani @ Batuji R/o vill - Banstal, Kachchidargah, P.s. - Nadi, Distt. - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Adv. For the Opposite Party/s : Ms. Sharda Kumari, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 23-02-2024

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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 Nadi P.S. Case No. 380 of 2023 dated 11.11.2023 for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 10 litres of illicit country made liquor was recovered from the bank of the Ganga.

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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 recovery was made from an open place that is accessible to anyone. The petitioner

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Patna High Court CR. MISC. No.9984 of 2024(2) dt.23-02-2024 2/3

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has no concern with the alleged recovery. The name of the petitioner has disclosed by local people. The petitioner has one other criminal antecedent of similar nature 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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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/-

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Patna High Court CR. MISC. No.9984 of 2024(2) dt.23-02-2024 3/3

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(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna City in connection with Nadi P.S. Case No. 380 of 2023, 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

Suresh Sahani @ Geda @ Suresh Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suresh Sahani @ Geda @ Suresh Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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