Sonu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24525 of 2025 Arising Out of PS. Case No.-480 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Sonu Singh S/o Jairam Singh R/o Village- Jokiyari, P.S.- Raxaul, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Sucheta Yadav ====================================================== 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 a case in connection with Raxaul P.S. Case No. 480 of 2024 dated 05.12.2024 registered for the offences punishable u/ss 109, 132, 61(2), 352, 351(2) read with Section 3(5) of B.N.S. and Section 30(a), 45 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 648 litres of illicit Nepali liquor was recovered from the Scorpio vehicle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case on mere suspicion. The petitioner is the owner of the said
Patna High Court CR. MISC. No.24525 of 2025(2) dt.04-07-2025 2/3 vehicle as stated in para-7 of the bail petition. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused persons have already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 02.04.2025 passed in Cr. Misc. No. 16812 of 2025. Learned counsel has submitted that 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 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
Patna High Court CR. MISC. No.24525 of 2025(2) dt.04-07-2025 3/3 of the case as well as the material available on record, 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 amount each to the satisfaction of the learned Court concerned, East Champaran in connection with Raxaul P.S. Case No. 480 of 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) shivam/- U T