Patna High CourtCR. MISC./33113/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-07-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33113 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sonu Kumar S/o- Shivnath Singh @ Shiv Nath Prasad Singh Vill- Chakhbib PS- Bibhutipur Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his/her arrest in a case in connection with Bibhutipur P.S. Case No. 47 of 2024 dated 13.02.2024 for the offence/s punishable u/s 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 820.440 litres of illicit foreign liquor was recovered from the pick-up van.

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 no

Patna High Court CR. MISC. No.33113 of 2024(2) dt.26-07-2024 2/3 concern with the alleged recovery. The allegation against the petitioner is general and omnibus in nature. The petitioner is neither the owner nor the driver of the said vehicle. Local Chowkidar disclosed the name of the petitioner. The petitioner has two criminal antecedent as stated in para 3 of the bail petition. The similarly situated co-accused has been granted bail vide order dated 29.03.2024 in Cr. Misc. No. 23823 of 2024. 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.33113 of 2024(2) dt.26-07-2024 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, Samastipur in connection with Bibhutipur P.S. Case No. 47 of 2024, 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) shivam/- U T