Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16453 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- Excise P.S. District- Vaishali ====================================================== 1.

Chhotu Kumar S/O Rambalak Singh R/O Village- Parsauniya, Ward No.-1, P.S- Mahua, Distt.- Vaishali.

2.

Sushant Kumar S/O Jay Kumar Singh R/O Village- Parsauniya, Ward No.-1, P.S- Mahua, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The Petitioners are apprehending their arrest in connection with Mahua Excise P.S. Case No. 12 of 2024 dated 15.01.2024 of the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act 2018.

3. As per the prosecution case, total 630 litres of illicit foreign liquor was recovered from the temporary hut.

4. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The name of

Patna High Court CR. MISC. No.16453 of 2024(2) dt.13-03-2024 2/3 the petitioners was disclosed by the local villagers. The petitioners are not the owner of the said hut. No incriminating article has been recovered from the conscious possession of the petitioners, 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 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 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.16453 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. 12 of 2024 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