Abhishek Kumar @ Rajesh Kumar @ Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21430 of 2024 Arising Out of PS. Case No.-542 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== ABHISHEK KUMAR @ RAJESH KUMAR @ RAJESH RAI Son of Chandradev Ray (In the F.I.R. the father name of the petitioner is wrongly written Ramchandra Rai). Resident of Village-Gaddha Hasan, P.S.-Paroo, District- Muzaffarpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Paroo P.S. Case No. 542 of 2023, dated 25.12.2023 for the offences punishable under Sections 414, 34 of the Indian Penal Code and u/ss 30(a), 37 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 9.00 litres of illicit foreign liquor has been recovered from plastic bag kept in a Ply workshop.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.21430 of 2024(2) dt.02-04-2024 2/3 this case. The petitioner has one criminal antecedent as stated in para 3 of the bail petition in which he is on bail. The name of the petitioner was disclosed by the apprehended co-accused persons. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out against the petitioner. 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 APP 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.

Patna High Court CR. MISC. No.21430 of 2024(2) dt.02-04-2024 3/3 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Paroo P.S. Case No. 542 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T