Rakesh Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27480 of 2025 Arising Out of PS. Case No.-455 Year-2024 Thana- TARAIYA District- Saran ====================================================== Rakesh Nut son of Pandit Nut village- Dewariya, Ps- Taraiya, Dist- saran ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== 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 Taraiya P.S. Case No. 455 of 2024 dated 11.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 600 litres of illicit spirit was recovered from the road-side of Akuchak Chanwar and from a motorcycle of the co-accused, Munna Kumar.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither
Patna High Court CR. MISC. No.27480 of 2025(2) dt.04-07-2025 2/3 the owner nor the driver of the seized motorcycle. The apprehended person disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedents as stated in para 3 of the bail petition. 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. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 09.05.2025 passed in Cr. Misc. No. 15049 of 2025.
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 material available on record, let the
Patna High Court CR. MISC. No.27480 of 2025(2) dt.04-07-2025 3/3 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, Saran at Chapra in connection with Taraiya P.S. Case No. 455 of 2024, subject to conditions as laid down under section 482(2) of the BNSS.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T