Rajkamal @ Chamar Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18649 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- PIRO District- Bhojpur ====================================================== 1.

Rajkamal @ Chamar Nut Son Of Bhola Nut R/O-Dechana Bal Nut Tola, P.S.-PIRO, Distt.-BHOJPUR 2.

Bhuar Nut @ Kamata Nut Son Of Late Lalak Nut R/O-Dechana Bal Nut Tola, P.S.-PIRO, Distt.-BHOJPUR 3.

Firoj Nut Son Of Papu Nut R/O-Dechana Bal Nut Tola, P.S.-PIRO, Distt.- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Kumar Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 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 Piro P.S. Case No. 35/2024 dated 27.01.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 42 litres of illicit liquor was recovered from the plastic gallons. Local chowkidar disclosed the name of the petitioner.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.18649 of 2024(2) dt.19-03-2024 2/3 implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Nothing has been recovered from the conscious possession of the petitioners hence, no case is made out against the petitioners. 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 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

Patna High Court CR. MISC. No.18649 of 2024(2) dt.19-03-2024 3/3 each to the satisfaction of learned court concerned, Bhojpur at Ara in connection with Piro P.S. Case No. 35/2024 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