Dinesh Singh @ Tuntun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16914 of 2024 Arising Out of PS. Case No.-519 Year-2023 Thana- PIRO District- Bhojpur ====================================================== 1.
Dinesh Singh @ Tuntun S/o Ramakant Singh R/o vill - Rasauli, P.S. - Piro (Hasan Bazar O.P.), Distt. - Bhojpur 2.
Bajrangi Paswan @ Bajrangi Kumar S/o Kamlesh Paswan R/o vill - Rasauli, P.S. - Piro (Hasan Bazar O.P.), Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Piro (Hasan Bazar O.P) P.S. Case No. 519/2023 dated 11.12.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 16.50 litres of illicit foreign liquor was recovered from the field of the petitioner Dinesh Singh.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have one criminal
Patna High Court CR. MISC. No.16914 of 2024(2) dt.14-03-2024 2/3 antecedents as stated in para 3 of the bail petition. The recovery was from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners hence, no case is made out against the petitioners. 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 petitioners 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 petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees
Patna High Court CR. MISC. No.16914 of 2024(2) dt.14-03-2024 3/3 Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bhojpur at Ara in connection with Piro (Hasan Bazar O.P) P.S. Case No. 519/2023 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) atul/- U T