Shyam Babu @ Shyam Babu Rai @ Shyam Babu Yadav @ Shyama Babu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11086 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Shyam Babu @ Shyam Babu Rai @ Shyam Babu Yadav @ Shyama Babu Yadav S/O Chulhai Rai R/O Village- Masaha Alam, P.S- Bairgania, Distt.- Sitamarhi.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Mishra For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2024 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 Bairagania P.S. Case No. 245 of 2023 dated 16.10.2023 for the offences punishable u/s 30(a)(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 431.4 litres of illicit nepali saufi liquor was recovered from the bags on two motorcycles.
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 neither
Patna High Court CR. MISC. No.11086 of 2024(2) dt.27-02-2024 2/3 the owner nor the driver of the said motorcycles. The said motorcycle was not being driven by the petitioner at the time of the alleged occurrence. Local Chowkidar disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one other criminal antecedent of similar nature 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
Patna High Court CR. MISC. No.11086 of 2024(2) dt.27-02-2024 3/3 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, Sitamarhi in connection with Bairagania P.S. Case No. 245 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