Hiraman Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5509 of 2024 Arising Out of PS. Case No.-728 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Hiraman Chaudhary Son Of Puna Chaudhary Resident Of Village / Mohalla - Girihinda, P.S. - Sheikhpura, District - Sheikhpura ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Sheikhpura P.S. Case No. 728 of 2023 dated 21.10.2023 for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 10 litres of illicit country made liquor was recovered from yellow plastic container.

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 recovery was made

Patna High Court CR. MISC. No.5509 of 2024(2) dt.16-02-2024 2/3 from an open place that is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has been made accused in the present case merely on suspicion. The petitioner has six criminal antecedent as stated in para 3 of the bail petition. 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 record, 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

Patna High Court CR. MISC. No.5509 of 2024(2) dt.16-02-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 728 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T