Vikash Mahto @ Vikash Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5063 of 2024 Arising Out of PS. Case No.-234 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Vikash Mahto @ Vikash Kumar Mahto Son of Ashok Mahto Resident of Village - Alinagar, Ward No.1, P.S. L.N.M.U., District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with L.N.M.U P.S. Case No. 234 of 2022 dated 11.07.2022 of the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act 2016.
3. As per the prosecution case, total 110 litres of illicit foreign liquor was recovered from the house of the co-accused Shankar Mahto.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent as stated at para 3 of the bail petition. The name of the petitioner was
Patna High Court CR. MISC. No.5063 of 2024(2) dt.15-02-2024 2/3 disclosed by the co-accused Shankar Mahto. No incriminating article 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 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,
Patna High Court CR. MISC. No.5063 of 2024(2) dt.15-02-2024 3/3 Darbhanga in connection with L.N.M.U P.S. Case No. 234 of 2022 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U T