Aman Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2107 of 2025 Arising Out of PS. Case No.-3 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== Aman Kumar Jha Son of Shiv Kumar Jha vill - Raipur Buzurg, ward no. 17, Ps- Sarairanjan, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rohit Raj, Adv.
For the Opposite Party/s :
Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Maniyari P.S. Case No. 03 of 2023 dated 04.01.2023 for the offences punishable u/ss 272, 273, 420, 120B of the Indian Penal Code and u/ss 30(a), 32(2)(3), 41(1)(2) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 2205 litres of illicit foreign liquor was recovered from the truck.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has one criminal antecedent as stated at para 3 of the bail petition. The petitioner is not the owner of the said vehicle
Patna High Court CR. MISC. No.2107 of 2025(2) dt.28-02-2025 2/3 and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner hence, no case is made out against the petitioner. The coaccused person has already been granted anticipatory bail by this court vide order dated 24.01.2024 passed in Cr. Misc. No. 79496 of 2023. 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 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
Patna High Court CR. MISC. No.2107 of 2025(2) dt.28-02-2025 3/3 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 Maniyari P.S. Case No. 03 of 2023, 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/- U T