Ajay Rai @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18659 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== Ajay Rai @ Ajay Kumar SON OF BHOLA RAI Vill -damodarpur Ps- Paroo, Dist. -Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar, Adv.
For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2024 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 Paroo P.S. Case No. 243 of 2023 dated 06.06.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 342.57 litres of illicit foreign liquor was recovered from the Banana orchard.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case only on the basis of secret information. No incriminating material has been recovered from the conscious possession of
Patna High Court CR. MISC. No.18659 of 2024(3) dt.19-04-2024 2/3 the petitioner. The recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 19.03.2024 passed in Cr. Misc. No. 18695 of 2024. 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
Patna High Court CR. MISC. No.18659 of 2024(3) dt.19-04-2024 3/3 above named petitioner, in the event of his/her arrest/surrender within a period of six weeks from today, be 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, Muzaffarpur in connection with Paroo P.S. Case No. 243 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) Gautam/- U T