Vijay Singh @ Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16456 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== Vijay Singh @ Vijay Kumar Singh Son of Raj Kumar Singh Resident of Village- Bazidpur Bhadwas, Ps- Mahua, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Mahua Excise P.S. Case No. 87 of 2023 dated 08.11.2023 of the offences punishable u/s sections 30(a) of the Bihar Prohibition and Excise Act 2016.

3. As per the prosecution case, total 159.840 litres of illicit foreign liquor was recovered from the bush in front of the house of the petitioner.

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 case as stated in para 3 of the bail petition. The name of the petitioner was disclosed by

Patna High Court CR. MISC. No.16456 of 2024(2) dt.13-03-2024 2/3 the local villagers. The said recovery has been made from an open place which is accessible to anyone. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. 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 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 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 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like

Patna High Court CR. MISC. No.16456 of 2024(2) dt.13-03-2024 3/3 amount each to the satisfaction of the learned court concerned, Vaishali at Hajipur in connection with Mahua Excise P.S. Case No. 87 of 2023 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) jyoti/- U T