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Patna High CourtCR. MISC./19991/2024bail granted

Sanjeet Chaudhari @ Sandeep Kumar @ Sandeep Kumar Chaudhary v. The State Of Bihar

2024-03-28Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19991 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== SANJEET CHAUDHARI @ SANDEEP KUMAR @ SANDEEP KUMAR CHAUDHARY Son of Shri Satya Narayan Chaudhary Resident of VillageBelhi, Ward No.-10, Shivpuri, P.S.-Kishunpur, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23115 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Sanjeev Kumar @ Sanjeev Yadav @ Sanjeev Kumar Yadav Son of Shri Kameshwar Yadav Resident of Village- Koriyapatti, P.O. Devipur, Ward No. 14, P.S. Raghopur District- Supaul ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19991 of 2024) For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Manoj Kumar (In CRIMINAL MISCELLANEOUS No. 23115 of 2024) For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Raghopur P.S. Case No. 10 of 2024, dated 09.01.2024 for the offences punishable under Sections 30(a), 38(i), 41(i) of the Bihar Prohibition and Excise Act, 2018, later on vide amendment dated 10.01.2024, Sections 38(i), 41(i) of the Bihar Prohibition and Excise Act, 2018 were removed by the

Patna High Court CR. MISC. No.19991 of 2024(2) dt.28-03-2024 2/3 police.

3. As per prosecution case, total 1984.230 litres of illicit foreign liquor was recovered from the Hywa Truck, Bolero and a Pick up Van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner namely Sanjeet Chaudhari @ Sandeep Kumar @ Sandeep Kumar Chaudhari has no criminal antecedent whereas the petitioner namely Sanjeev Kumar @ Sanjeev Yadav @ Sanjeev Kumar Yadav has two criminal antecedents in which he is on bail stated in para 3 of the bail petition. The name of the petitioners was disclosed by the apprehended co-accused person namely Durga Choudhary. The petitioners are neither the owner nor the driver of the seized vehicles and the same was not being driven by the petitioners at the time of the alleged recovery. No incriminating material has been recovered from the conscious possession of the petitioners, 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

Patna High Court CR. MISC. No.19991 of 2024(2) dt.28-03-2024 3/3 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 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 anticipatory 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 the learned court concerned, Supaul in connection with Raghopur P.S. Case No. 10 of 2024, 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