Baba @ Manjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10482 of 2020 Arising Out of PS. Case No.-255 Year-2019 Thana- NADI P.S. District- Patna ====================================================== Baba @ Manjeet Kumar Son of Uday Rai Resident of Village- Maujipur, P.S.- Nadi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-06-2020 The matter has been listed today for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehend his arrest in connection with Nadi P.S. Case no. 255 of 2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3-4 persons are said to have fled away from the spot at the cattle 'Hatt', where, from a vehicle total 714 liters of illicit liquor is alleged to have been seized.

It is submitted by the petitioner's counsel that merely on the basis of information of spy, he has been implicated along with co-accused, namely, Sudheer Kumar. It is submitted that there is no recovery of illicit liquor from the petitioner's

Patna High Court CR. MISC. No.10482 of 2020(2) dt.10-06-2020 2/3 possession. The recovery is from a cattle 'Hatt' having general public access and the criminal liability for the same cannot be attributed to the petitioner. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act and other co-accused, namely, Sudheer Kumar has been allowed anticipatory bail in Cr. Misc. No. 82928 of 2019 (Annexure-3).

The learned APP for the State has opposed the prayer for anticipatory bail, referring to the provisions contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that pre-arrest bail would not be maintainable. This Court is conscious of decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089. Having regard to the law laid down in the said judgment and the submissions advanced on behalf of the petitioner, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of counsel for the petitioner.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released

Patna High Court CR. MISC. No.10482 of 2020(2) dt.10-06-2020 3/3 on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Spl.Judge Excise Act, Patna in connection with Nadi P. S. Case no. 255 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T