Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26869 of 2025 Arising Out of PS. Case No.-1290 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Santosh Kumar Singh S/O Raghupat Singh Resident of Village- Khakhara, P.S- Muffasil, Dist.- Aurangabad.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Singh, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== 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 Excise P.S. Case No. 1290 of 2024 dated 27.12.2024 registered for the offences punishable u/ss 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 73.800 litres of illicit country-made liquor was recovered from the tempo.

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 not named in the FIR. The petitioner is the owner of the said vehicle

Patna High Court CR. MISC. No.26869 of 2025(2) dt.04-07-2025 2/3 and the said vehicle was being driven by the co-accused Dipak Kumar who had purchased the said vehicle from the petitioner but the ownership was not transferred by the co-accused, Dipak Kumar as stated in para nos. 9 and 10 of the bail petition. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The co-accused person has already been granted regular bail by this Court vide order dated 04.03.2025 passed in Cr. Misc. No. 7330 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.

Patna High Court CR. MISC. No.26869 of 2025(2) dt.04-07-2025 3/3

6. Considering the aforesaid facts and circumstances 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, Aurangabad in connection with Excise P.S. Case No. 1290 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