Nandelal Prasad @ Nandu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24495 of 2024 Arising Out of PS. Case No.-1043 Year-2023 Thana- Excise P.S. District- Nawada ====================================================== 1.

Nandelal Prasad @ Nandu S/O- Late Arjun Mahto R/O- Village- Medhkuri @ Merhkuri, P.S.- Meskaur, Dist.- Nawada.

2.

Birendra Kumar @ Bilo S/O- Late Arjun Mahto R/O- Village- Medhkuri @ Merhkuri, P.S.- Meskaur, Dist.- Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR , PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhanshu Kumar, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-04-2024 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 Excise P.S. Case No. 1043 of 2023 dated 31.12.2021 registered for the offences punishable u/s 30(a) and 56(2)(ii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 20.250 litres of illicit foreign liquor was recovered behind the poultry farm of the petitioners.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have one criminal

Patna High Court CR. MISC. No.24495 of 2024(2) dt.09-04-2024 2/3 antecedent as stated in para 3 of the bail petition. The name of the petitioners has transpired in this case only on the basis of secret information. The petitioners have no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners, hence no case is made out. 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 material available on the record, let the above named petitioners, in the event of their arrest/surrender

Patna High Court CR. MISC. No.24495 of 2024(2) dt.09-04-2024 3/3 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 each to the satisfaction of learned court concerned, Nawada in connection with Excise P.S. Case No. 1043 of 2023, 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) Gautam/- U T