Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17288 of 2024 Arising Out of PS. Case No.-527 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== Shambhu Kumar Son of Jimdar Ray Resident of Village-Subhai Naya Tola Bishunpur Basant, P.S.-Hajipur Sadar, District-Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Adv For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Hajipur Excise P.S. Case No. 572 of 2022 dated 06.09.2023 of the offences punishable u/s 30(a), 32(1)(3), 41(1)
(2) of the Bihar Prohibition and Excise Act 2018.
3. As per the prosecution case, total 422.64 litres of illicit country made liquor was recovered from the pick-up van.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has transpired in this case on the basis of owner of the said vehicle.
Patna High Court CR. MISC. No.17288 of 2024(2) dt.14-03-2024 2/3 The petitioner is the owner of the said vehicle but the same was not being driven by him at the time of alleged recovery. It is further submitted that the said vehicle was sold by the petitioner to one Sachin Kumar prior to 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
Patna High Court CR. MISC. No.17288 of 2024(2) dt.14-03-2024 3/3 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, Vaishali at Hajipur, in connection with Hajipur Excise P.S. Case No. 572 of 2022 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