Azad Paswan @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25952 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- TILAUTHU District- Rohtas ====================================================== 1.
Azad Paswan @ Sujeet Kumar son of Bhola Paswan Village- Tilauthu PsTilauthu Dist- Rohtas 2.
Tetari Devi wife of Bhola Paswan Village- Tilauthu Ps- Tilauthu DistRohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Tiwary For the Opposite Party/s :
Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners have preferred this application for grant of anticipatory bail in connection with Tilauthu P.S. Case No. 331 of 2023, dated 29.12.2023, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 50 litres of illicit country made liquor was recovered from the two motorcycle kept in the plastic bag.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 has one criminal
Patna High Court CR. MISC. No.25952 of 2024(2) dt.16-04-2024 2/3 antecedent in which he is on bail whereas the petitioner no. 2 has no criminal antecedent as stated in para 3 of the bail petition. The apprehended co-accused persons disclosed the name of the petitioner no. 1 whereas the petitioner no. 2 has been made accused in this case because she is the owner of the seized motorcycle but the same was not being driven by the petitioner no. 2 at the time of alleged recovery. Nothing has been recovered from the conscious possession of the petitioners, hence no case is made out against the petitioners. 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 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
Patna High Court CR. MISC. No.25952 of 2024(2) dt.16-04-2024 3/3 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, Rohtas at Sasaram in connection with Tilauthu P.S. Case No. 331 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