Ram Kumar @ Ram Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23840 of 2024 Arising Out of PS. Case No.-578 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Ram Kumar @ Ram Kumar Thakur SON OF SUKESHWAR THAKUR Resident of village -ward no 15 Premnagar tole Bahuri Ps- Raunisaidpur District- Sitamarahi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Runnisaidpur P.S. Case No. 578 of 2023 dated 23.11.2023 for the offences punishable under Sections 30(a)/ 32(i)/(ii)/36/41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 98.28 litres of illicit foreign liquor was recovered from the Maruti Suzuki car.

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 in which he is on bail as stated in para 3 of the bail petition. The name of the petitioner has transpired in this case on the basis of confessional statement of the apprehended co-accused person.

Patna High Court CR. MISC. No.23840 of 2024(2) dt.09-04-2024 2/3 The petitioner is the owner of the seized car but the same was not being driven by the petitioner at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner, hence 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 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 APP 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 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.23840 of 2024(2) dt.09-04-2024 3/3 like amount each to the satisfaction of the learned court concerned, Sitamarhi in connection with Runnisaidpur P.S. Case No. 578 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) Ranjeet/- U T