Nitish Kumar Ray @ Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28273 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Nitish Kumar Ray @ Baba Son Of Bilakashan Ray @ Chin Resident Of Village - Ekamma, Police Station - Rajnagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Soban Asghar, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with G.R. No. 1648/2023 arising out of Rajnagar P.S. Case No. 290/2023 dated 09.11.2023 for the offences punishable u/ss 272 and 273 read with 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 72 litres of illicit Nepali liquor was recovered from the two motorcycles.
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 apprehended person disclosed the
Patna High Court CR. MISC. No.28273 of 2024(2) dt.20-04-2024 2/3 name of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. 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 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like
Patna High Court CR. MISC. No.28273 of 2024(2) dt.20-04-2024 3/3 amount each to the satisfaction of the learned court concerned, Madhubani in connection with G.R. No. 1648/2023 arising out of Rajnagar P.S. Case No. 290/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T