Kishor Kanji Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18358 of 2025 Arising Out of PS. Case No.-20 Year-2024 Thana- Bodhibigaha District- Gaya ====================================================== Kishor Kanji Lal S/O Pradip Kanjilal R/O village- Panchera Kalajora, P.S.- Barbani, District- West Bardwan, West Bengal ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his/her arrest in a case in connection with Bodhi Bigha P.S. Case No. 20 of 2024 dated 01.04.2024 for the offence/s punishable u/ss 30(a), 33, 34 and 36 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 800 litres of illicit spirit 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. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the said vehicle as mentioned in para 6 of the bail
Patna High Court CR. MISC. No.18358 of 2025(02) dt.04-07-2025 2/3 petition. The said vehicle was not being driven by the petitioner at the time of the alleged occurrence. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that 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 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 material available on the record, let the above named petitioner, in the event of his/her arrest/surrender within a period of six weeks from today, be enlarged on
Patna High Court CR. MISC. No.18358 of 2025(02) dt.04-07-2025 3/3 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, Gaya in connection with Bodhi Bigha P.S. Case No. 20 of 2024, 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) guddukr/- U T