Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16640 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Abhishek Kumar S/O Raja Ram Singh R/O Village- Dharampur, Ward No. 11, P.S- Cheria Bariyarpur, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Begusarai Excise P.S Case No. 354/2024 dated 17.10.2024 for the offences punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 177.12 litres of illicit foreign liquor was recovered from two vehicles and 356.760 litres of illicit foreign liquor was recovered near Baswadi situated at Godargama Azad Chowk.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedents as stated
Patna High Court CR. MISC. No.16640 of 2025(2) dt.20-06-2025 2/3 in para 3 of the bail petition. The other co-accused person has already been granted bail by this court vide order dated 06.02.2025 passed in Cr. Misc. No. 87623/2024. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The petitioner has no concern with the alleged vehicles. 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.16640 of 2025(2) dt.20-06-2025 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, Begusarai in connection with Begusarai Excise P.S Case No. 354/2024, subject to conditions as laid down under section 482(2) of the B.N.S.S, with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T