Mohan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27202 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- DEODHA District- Madhubani ====================================================== MOHAN PASWAN S/O BHUTAI PASWAN @ SHOHDEV PASWAN R/o VILLAGE- UNION TOLA, P.S- JAYNAGAR, DISTT.- MADHUBANI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-04-2024 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 G.R No. 1498/2023, arising out of Deodha P.S. Case No. 98 of 2023, for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 75 litres of illicit Nepali liquor was recovered from the bag thrown by the accused persons.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.27202 of 2024(2) dt.18-04-2024 2/3 this case. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The apprehended co-accused person disclosed the name of the petitioner due to previous enmity. Learned counsel further submitted that the recovery is made from the open place. 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
Patna High Court CR. MISC. No.27202 of 2024(2) dt.18-04-2024 3/3 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, Madhubani in connection with G.R No. 1498/2023, arising out of Deodha P.S. Case No. 98 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