Suraj Kumar @ Suraj Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13147 of 2025 Arising Out of PS. Case No.-647 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Suraj Kumar @ Suraj Gupta Son of Aklu Sah R/O Mohalla - Gola Bandh, P.S.- Town, District - Muzaffarpur.
... ... 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.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Sakra P.S. Case No. 647 of 2024 dated 23.12.2024 registered for the offences punishable u/ss 274, 275, 318(4) and 61(2) of B.N.S. and under Sections 30(a), 32(1), 32(2), 36, 41(1)(2) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 8805.6 litres of illicit foreign liquor was recovered from the Truck.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is neither the owner
Patna High Court CR. MISC. No.13147 of 2025(2) dt.28-02-2025 2/3 nor the driver of the said vehicle and he has no concern with the alleged recovery. No incriminating article 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 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
Patna High Court CR. MISC. No.13147 of 2025(2) dt.28-02-2025 3/3 amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Sakra P.S. Case No. 647 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T