Mukesh Singh @ Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8216 of 2024 Arising Out of PS. Case No.-533 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Mukesh Singh @ Mukesh Yadav son of Late Bhagirath Singh VillBhagwatipur Ps- Udawantnagar Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-02-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Udwantnagar P.S. Case No. 533 of 2023, dated 31.12.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
4. As per prosecution case, total 2000 litres of mahua pass, 104 litres of illicit liquor has been recovered from the bhatti.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.8216 of 2024(2) dt.21-02-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent of similar nature as stated in para 3 of the bail petition in which he is on bail. The apprehended co-accused persons disclosed the name of the petitioner. Nothing has been recovered from the conscious possession of the petitioner, hence 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 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.
6. 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.
7. 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 arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.8216 of 2024(2) dt.21-02-2024 3/3 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, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 533 of 2023 subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T