Sanjay Paswan @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8649 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== Sanjay Paswan @ Sanjay Kumar son of Ashok Paswan Village- Lakshmipur Ps- Kaluahi Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his/her arrest in a case in connection with Kaluahi P.S. Case No. 212 of 2023 dated 05.10.2023 (G.R. No. 1476 of 2023) for the offence/s punishable u/ss 272 and 273 read with section 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 102 litres of illicit liquor was recovered from the Nal-Jal Pakka room which was under control of Pappu Paswan.
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
Patna High Court CR. MISC. No.8649 of 2024(2) dt.21-02-2024 2/3 conscious possession of the petitioner. Local Chowkidar disclosed the name of the petitioner. The petitioner has no concern either with the alleged recovery or the said room. The petitioner has no 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
Patna High Court CR. MISC. No.8649 of 2024(2) dt.21-02-2024 3/3 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, Madhubani in connection with Kaluahi P.S. Case No. 212 of 2023 (G.R. No. 1476 of 2023), subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T