Rajeev Kumar @ Rajeev Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9176 of 2025 Arising Out of PS. Case No.-7 Year-2024 Thana- Excise P.S. District- Madhepura ====================================================== Rajeev Kumar @ Rajeev Kumar Paswan Son of Late Gurudev Paswan Resident of Village- Jamuaha (Ranipatti), P.S.- Kumarkhand (Belari), DistrictMadhepura ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Yadav, 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 Madhepura Excise Police Station Case No. 07 of 2024, dated 09.01.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 196.920 litres of illicit foreign liquor was recovered from a car parked in front the house of the co-accused, Chandan Kumar.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has
Patna High Court CR. MISC. No.9176 of 2025(2) dt.02-05-2025 2/3 transpired in this case only on the basis of suspicion. The petitioner is neither the driver nor the owner of the seized car. The petitioner has no concern with the alleged recovery. 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 23.04.2025 passed in Cr. Misc. No. 30028/2024. 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 APP 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 nature of allegation against the petitioner, let the above named petitioner, in the event of his
Patna High Court CR. MISC. No.9176 of 2025(2) dt.02-05-2025 3/3 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, Madhepura in connection with Madhepura Excise Police Station Case No. 07 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition :- 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 be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T