Patna High CourtCR. MISC./8622/2024bail granted

Mantu Mallah @ Mantu Choudhry v. The State Of Bihar

2024-02-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8622 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== MANTU MALLAH @ MANTU CHOUDHRY Son of Mukhi Mallah @ Mukhiya Mallah Resident of Village-Siripur, Police Station-Belaganj, District-Gaya.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== 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 Belaganj P.S. Case No. 223 of 2023 dated 11.04.2023 for the offence/s punishable u/ss 30(a) and 37(c) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10 litres of illicit country made liquor was recovered from the hut of the petitioner which was situated beneath the bridge.

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. As per FIR, the recovery

Patna High Court CR. MISC. No.8622 of 2024(2) dt.21-02-2024 2/3 was made from the hut beneath the bridge and as per seizure list, the recovery was made from the hut situated near the Temple which creates doubts on the prosecution case. The apprehended co-accused person disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery or the said hut. The petitioner has one more 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

Patna High Court CR. MISC. No.8622 of 2024(2) dt.21-02-2024 3/3 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 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, Gaya in connection with Belaganj P.S. Case No. 223 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