Firoj Sah @ Firoj Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21367 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- BHELDI District- Saran ====================================================== Firoj Sah @ Firoj Shah Son of Majit Shah Resident of Village- Ninora, Nilora, P.S.- Ujjain, District- Ujjain, Madhya Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bheldi P.S. Case No. 210 of 2023, dated 23.07.2023 for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code and u/ss 30(a), 32(2) (3) and 41 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 750 ml. of illicit country made foreign liquor has been recovered from a truck.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has
Patna High Court CR. MISC. No.21367 of 2024(2) dt.02-04-2024 2/3 transpired in this case because he is the registered owner of the seized truck but the same was not being driven by the petitioner at the time of 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.21367 of 2024(2) dt.02-04-2024 3/3 like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Bheldi P.S. Case No. 210 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