Neetish Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7256 of 2024 Arising Out of PS. Case No.-443 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.
Neetish Ram SON OF Amarnath Ram RESIDENT OF VILLAGEKARARIYA THAKURAI, PS- PHULWARIA, DISTT- GOPALGANJ 2.
DHEERAJ RAM SON OF SURESH RAM RESIDENT OF VILLAGEKARARIYA THAKURAI, PS- PHULWARIA, DISTT- GOPALGANJ ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepankar Raj, Adv.
For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Phulwariya P.S. Case No. 443 of 2023 dated 29.11.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 63 litres of illicit country made liquor was recovered from the jute bag which was allegedly thrown by the petitioners.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The recovery was made from an open place that is
Patna High Court CR. MISC. No.7256 of 2024(2) dt.17-02-2024 2/3 accessible to anyone. The petitioners have no concern with the alleged recovery. The name of the petitioners has transpired on mere suspicion. The petitioner no. 1 has no criminal antecedent and the petitioner no. 2 has four other criminal antecedents as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioners. Learned Counsel has relied on the judgment of Full Bench of the 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 petitioners 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 petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Phulwariya P.S. Case No. 443 of 2023, subject to conditions as laid down under
Patna High Court CR. MISC. No.7256 of 2024(2) dt.17-02-2024 3/3 section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T