Abhinit Kumar @ Mani Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30504 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Abhinit Kumar @ Mani Kumar Sah, aged about 24 years,Male, Son of Ram Prasad Sah @ Bindeshwari Sah Resident of Village- Basantpur Pakri, Ward No. 08, Police Station- Riga, District- Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravi Ranjan, Advocate For the Opposite Party :
Mr. Dilip Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Riga P.S. Case No. 525 of 2023 dated 25.12.2023 for the offences punishable u/s 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 151.5 litres of illicit Nepali wine was recovered from motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean criminal antecedents as stated in para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence
Patna High Court CR. MISC. No.30504 of 2024(2) dt.19-07-2024 2/3 no case is made out. The other accused person has already been granted anticipatory bail by this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 16253 of 2024 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 amount each to the satisfaction of the learned court concerned,
Patna High Court CR. MISC. No.30504 of 2024(2) dt.19-07-2024 3/3 Sitamarhi, in connection with Riga P.S. Case No. 525 of 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/amanU T