IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35962 of 2025 Arising Out of PS. Case No.-351 Year-2024 Thana- DURAULI District- Siwan ====================================================== 1. Virendra Sahani S/o Late Munshi Sahani Resident Of Village- Balhu Tola Tadi, Ps- Darauli, Distt.- Siwan 2. Santosh Sahani S/o Jamdaar Sahani R/O- vill - Balhu Tola Tadi, P.s. - Darauli, Distt.- Siwan ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Dwivedi For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 25-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case in connection with Darauli P.S. Case No. 351 of 2024 dated 03.11.2024 registered for the offences punishable u/ss 30(a) and 36 of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, total 249 litres of illicit country made liquor kept in eight sacks was recovered near the house of the co-accused, Balindra Yadav situated at diyara. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners has sprung Patna High Court CR. MISC. No.35962 of 2025(2) dt.25-07-2025 2/3 up in this case in the confessional statement of the co-accused, Deepak Sahani. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner no. 1 has no criminal antecedent whereas the petitioner no. 2 has one antecedent as stated in para 3 of the bail petition. The co- accused persons have already been granted anticipatory bail by this Court vide order dated 04.07.2025 passed in Cr. Misc. No. 26644 of 2025. 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. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners 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.35962 of 2025(2) dt.25-07-2025 3/3 of the case as well as the material available on record, let the above named petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Siwan in connection with Darauli P.S. Case No. 351 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T