Raja Kumar @ Raja Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14170 of 2024 Arising Out of PS. Case No.-396 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Raja Kumar @ Raja Singh Son of Avdhesh Kumar R/o Village- Chakhabib Turki, Ward no.08, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bibhutipur P.S. Case No. 396 of 2023 dated 10.10.2023 for the offences punishable u/ss 272, 273, 420, 467, 468, 471 read with Section 34 of the Indian Penal Code and u/ss 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 1723.140 litres of illicit foreign liquor was recovered from a pick-up van, a car, three motorcycles and from the house of the co-accused, Shashi Kant 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.14170 of 2024(2) dt.06-03-2024 2/3 this case. The petitioner has eight criminal antecedents as stated in para 3 of the bail petition. The name of the petitioner has transpired in this case only on the basis of secret information. The petitioner is not the owner of the said vehicles and the same was not being driven by the petitiioner at the time of the alleged recovery. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing 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
Patna High Court CR. MISC. No.14170 of 2024(2) dt.06-03-2024 3/3 of the case as well as the material available on the 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 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, Samastipur in connection with Bibhutipur P.S. Case No. 396 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T