Mintu Chaudhary @ Mintu Kumar @ Minty Chaudhuri @ Mintu Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32423 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== Mintu Chaudhary @ Mintu Kumar @ Minty Chaudhuri @ Mintu Kumar Prasad S/O Bachan Prasad Resident Of Village- Gaur, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Opposite Party/s :
Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Maharajganj P.S. Case No. 55/2025 dated 29.01.2025 for the offences punishable u/s 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 80 litres of illicit country-made liquor and liquor making apparatus were recovered from the dilapidated house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedents as stated
Patna High Court CR. MISC. No.32423 of 2025(2) dt.18-07-2025 2/3 in para 3 of the bail petition. The other co-accused person has already been granted bail by this court vide order dated 25.03.2025 passed in Cr. Misc. No. 13426/2025. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. 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.
Patna High Court CR. MISC. No.32423 of 2025(2) dt.18-07-2025 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Siwan in connection with Excise Maharajganj P.S. Case No. 55/2025, subject to conditions as laid down under section 482(2) of the B.N.S.S, with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T