Hari Om Kumar @ Hari Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18091 of 2024 Arising Out of PS. Case No.-369 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Hari Om Kumar @ Hari Chaudhary S/o- Laleshwar Chaudhari VillageKhanda PS Sasaram Muffasil Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Babu Nandan Prasad For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sasaram (Muffasil) P.S Case No. 369 of 2023 dated 03.07.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 24 litres of illicit liquor was recovered from the north side of the coaccused Yugesh Chaudhary's house.
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
Patna High Court CR. MISC. No.18091 of 2024(2) dt.18-03-2024 2/3 of the bail petition. The recovery is from an open place which is accessible to anyone. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused has already granted anticipatory bail by this court vide order dated 11.01.2024 passed in Cr. Misc. No. 80794 of 2023. 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
Patna High Court CR. MISC. No.18091 of 2024(2) dt.18-03-2024 3/3 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, Rohtas at Sasaram in connection with Sasaram (Muffasil) P.S Case No. 369 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) atul/- U T