Shiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13736 of 2025 Arising Out of PS. Case No.-7 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Shiv Kumar S/O Yogendra Mandal R/O Village - Karpur Pali, P.OPalimohan, P.S- Kaluahi, Distt.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha, Adv.
For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with G. R. No. 107/23 arising out of Pandaul P.S. Case No. 07 of 2023 dated 16.01.2023 for the offences punishable u/ss 272, 273 and 120B of the I.P.C. and Sections 30(a), 32(1)(i), 36 and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 5491.08 litres of illicit foreign liquor was recovered from the six vehicles.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the
Patna High Court CR. MISC. No.13736 of 2025(2) dt.09-05-2025 2/3 bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The petitioner is not named in the F.I.R. The petitioner has been made accused in this case only because he is the owner of the said vehicle bearing Reg. No. BR07GB4366 but the said vehicle was sold to one Naval Kishore Ray and the petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 23.08.2024 passed in Cr. Misc. No. 39367/2024. 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.
Patna High Court CR. MISC. No.13736 of 2025(2) dt.09-05-2025 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, 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, Madhubani in connection with Pandaul P.S. Case No. 07 of 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) Gautam/- U T