Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25208 of 2024 Arising Out of PS. Case No.-758 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Rajesh Paswan SON OF Late Kameshwar Paswan Village- Nadwan, P.S.- Dhanarua, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Gaurichak P.S. Case No. 758 of 2022 dated 12.11.2022 for the offences punishable under Sections 30(a), 36 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 600 litres of illicit country made liquor was recovered from the 15 plastic Sack in a tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedents out of which in one case he is on bail as stated in para 3 of the bail

Patna High Court CR. MISC. No.25208 of 2024(2) dt.15-04-2024 2/3 petition. The apprehended co-accused persons disclosed the name of the petitioner. The petitioner is not the owner of the seized tempo. 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.25208 of 2024(2) dt.15-04-2024 3/3 like amount each to the satisfaction of the learned court concerned, Patna City, Patna in connection with Gaurichak P.S. Case No. 758 of 2022, 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