Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12877 of 2024 Arising Out of PS. Case No.-813 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Bhola Chaudhary Son of Nepali Chaudhary R/o vill - Bhuiyan tola, P.S. - Barun, Distt. - Aurangabad ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-02-2024 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 Excise P.S. Case No. 813 of 2023 dated 03.10.2023 for the offence punishable u/s 30(a), 32(1), 32(3) 41(1), 41(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 5 litres of illicit country made liquor was recovered from the possession of co-accused Dharmendra Chaudhary and 30 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.12877 of 2024(2) dt.29-02-2024 2/3 case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. He has given his motorcycle to co-accused Chandan Kumar who was driving the said motorcycle. The petitioner is on bail in the case mentioned in para 3 of the bail application. 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 anticipatory bail

Patna High Court CR. MISC. No.12877 of 2024(2) dt.29-02-2024 3/3 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, Aurangabad in connection with Excise P.S. Case No. 813 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) Prakash/- U