Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22223 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== 1.

Bipin Kumar Son Of Harendra Sah Resident Of Village-Chakesha, Police Station-Mahnar, District-Vaishali @ Hajipur.

2.

Arvind Kumar @ Arvind Kumar Sah @ Arvind Sah Son Of Harendra Sah Resident Of Village-Chakesha, Police Station-Mahnar, District-Vaishali @ Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Mahnar P.S. Case No. 280 of 2023 dated 11.10.2023 for the offence/s punishable u/ss 272, 273 of the IPC and sections 30(a), 32(ii) (iii), 36, 41(i)(ii) Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 4876.965 litres of country made foreign liquor was recovered from a truck.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal

Patna High Court CR. MISC. No.22223 of 2024(2) dt.04-04-2024 2/3 antecedent as stated in para 3 of the bail petition. The petitioner is neither the owner nor the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioners hence, no case is made out against the petitioners. The petitioner are full brothers. The other co-accused person has already been granted anticipatory bail by this Court vide order dated 21.12.2023 passed in Criminal Miscellaneous No. 83036 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 petitioners 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

Patna High Court CR. MISC. No.22223 of 2024(2) dt.04-04-2024 3/3 petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 280 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