Amit Ram @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22055 of 2025 Arising Out of PS. Case No.-206 Year-2024 Thana- DARPA District- East Champaran ====================================================== Amit Ram @ Amit Kumar Son of Birbal Ram R/o village - Pipra Maharani Gachhi, P.S.- Darpa, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Adv.
For the Opposite Party/s :
Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Darpa P.S. Case No. 206/2024 dated 18.12.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275, 111, 317(5) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, total 300 litres of illicit Nepali country-made liquor was recovered from the straw house (bhusauli) of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has one criminal antecedent as stated in para 3 of the
Patna High Court CR. MISC. No.22055 of 2025(2) dt.04-07-2025 2/3 bail petition. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The petitioner has no concern with the alleged recovery. The coaccused persons have already been granted regular bail by this court vide order dated 21.03.2025 passed in Cr. Misc. No. 11143/2025. 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 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
Patna High Court CR. MISC. No.22055 of 2025(2) dt.04-07-2025 3/3 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, East Champaran, Motihari, in connection with Darpa P.S. Case No. 206/2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T