Jamshed Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32415 of 2024 Arising Out of PS. Case No.-552 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Jamshed Nirala son of Late Sabir Hussain @ Late Sabir Village- Sagawa @ Sugawn Ps- Sugauli Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner has preferred this application for grant of anticipatory bail in connection with Sugauli P.S. Case No. 552 of 2023, dated 17.12.2023, for the offences punishable u/ss 272, 273 of the Indian Penal Code and u/ss 30(a), 41 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 276 litres of illicit Nepali Kasturi liquor and 60 litres illicit beer was recovered from a bolero.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent as stated in
Patna High Court CR. MISC. No.32415 of 2024(2) dt.23-05-2024 2/3 para 3 of the bail petition. The petitioner is neither the owner nor the driver of the seized vehicle. The apprehended coaccused person disclosed the name of the petitioner. 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.32415 of 2024(2) dt.23-05-2024 3/3 like amount each to the satisfaction of the learned court concerned, East Champaran, Motihari in connection with Sugauli P.S. Case No. 552 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