Rohit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5424 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== Rohit Kumar Singh S/o Punyadev Singh R/o Village- Bhawan Tola, Sitab Diyara, .S.- Bairiya, District- Ballia (U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his/her arrest in a case in connection with Rivilganj P.S. Case No. 179 of 2024 dated 17.06.2024 for the offence/s punishable u/ss 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 2316 litres of illicit foreign liquor was recovered from the two Mahindra tractors, one pick-up van and a motorcycle.
4. 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 petitioner is the
Patna High Court CR. MISC. No.5424 of 2025(2) dt.25-04-2025 2/3 owner of one of the said pick-up van but the same was not being driven by the petitioner at the time of the alleged occurrence. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused has been granted anticipatory bail by this Court vide order dated 20.11.2024 passed in Cr. Misc. No. 63904 of 2024. 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.
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 material available on the record, let the
Patna High Court CR. MISC. No.5424 of 2025(2) dt.25-04-2025 3/3 above named petitioner, in the event of his/her 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, Saran at Chapra in connection with Rivilganj P.S. Case No. 179 of 2024, 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) shivam/- U T