Patna High CourtCR. MISC./11988/2024bail granted

Sanjay Munda v. The State Of Bihar

2024-03-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11988 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== Sanjay Munda SON OF NATHUNI MAHTO RESIDENT OF VILLAGE - BELA, PURWARI TOLE, WARD NO. 5, PS- LAKHNAUR, DISTTMADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 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 Mansahi P.S. Case No. 205 of 2023 dated 29.12.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 45 litres of illicit country made liquor was recovered from the Jalawan hut situated behind the house of the petitioner and 10 litres of illicit country made liquor was recovered from the sack of the coaccused Mantu Kumar.

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

Patna High Court CR. MISC. No.11988 of 2024(2) dt.04-03-2024 2/3 this case. No incriminating material has been recovered from the conscious possession of the petitioner. The apprehended coaccused person disclosed the name of the petitioner. The said recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 29.02.2024 passed in Cr. Misc. No. 10639 of 2024. 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

Patna High Court CR. MISC. No.11988 of 2024(2) dt.04-03-2024 3/3 case.

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his/her 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, Katihar in connection with Mansahi P.S. Case No. 205 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