Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4894 of 2024 Arising Out of PS. Case No.-1076 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.
Rahul Kumar SON OF FALINDRA SINGH RESIDENT OF VILLAGEDHANAUR, PS- KATRA, DIST- MUZAFFARPUR 2.
DEEPAK KUMAR SON OF FALINDRA SINGH RESIDENT OF VILLAGE- DHANAUR, PS- KATRA, DIST- MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Singh For the Opposite Party/s :
Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-02-2024 Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Ahiapur P.S. Case No. 1076 of 2023, dated 29.08.2023 for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and under Sections 30(a)(b), 32(ii)(iii) /36/41 (i) (ii) of the Bihar Prohibition and Excise Act, 2022.
4. As per prosecution case, total 3086.64 litres of
Patna High Court CR. MISC. No.4894 of 2024(2) dt.13-02-2024 2/3 foreign liquor was recovered from a truck and a motorcycle.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioners were disclosed by the apprehended co-accused person Vikash Kumar. No incriminating material has been recovered from the conscious possession of the petitioners, hence no case is made out against the petitioners. 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.
6. Learned APP 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.
7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the
Patna High Court CR. MISC. No.4894 of 2024(2) dt.13-02-2024 3/3 petitioners, 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, Muzaffarpur in connection with Ahiapur P.S. Case No. 1076 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T