Kishor Paswan @ Raj Kishor Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31167 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Kishor Paswan @ Raj Kishor Paswan Son of Late Banarsi Paswan Resident of Village - Sangrampur Dusadpatti, P.S.- Sangrampur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2024 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 Sangrampur P.S. Case No. 04 of 2024 dated 03.01.2024 for the offence/s punishable u/s 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 2 litres of illicit country made liquor was recovered in front of the door of the house of the co-accused Maina Devi and 5 litres of illicit country made liquor was recovered from the hut in front of the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.31167 of 2024(2) dt.25-04-2024 2/3 this case. No incriminating material has been recovered from the conscious possession of the petitioner. The said recovery was made from the hut with no door which was situated in front of the petitioner's house. Mahal Chowkidar disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has three other 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.

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 the record, let the

Patna High Court CR. MISC. No.31167 of 2024(2) dt.25-04-2024 3/3 above named petitioner, in the event of his/her 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, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 04 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) guddukr/- U T