Pappu Sah @ Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9142 of 2025 Arising Out of PS. Case No.-476 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Pappu Sah @ Pappu Kumar Son of Late Satyanarayan Sah R/O villageBhawarua, P.S-Madhuban, Dist-East Champaran.. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Usha Kumari, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 476 of 2023 dated 26.09.2023 for the offences punishable u/ss 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 120 litres of illicit foreign liquor was recovered from the brinjal field of the coaccused, Bhagwan Prasad and the petitioner fled away from the spot.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the
Patna High Court CR. MISC. No.9142 of 2025(2) dt.02-05-2025 2/3 bail petition. The name of the petitioner was disclosed by local Chowkidar. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from the brinjal field of the co-accused, Bhagwan Das. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out against the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 19.01.2024 passed in Cr. Misc. No. 83315/2023. 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
Patna High Court CR. MISC. No.9142 of 2025(2) dt.02-05-2025 3/3 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, Motihari, East Champaran in connection with Madhuban P.S. Case No. 476 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T