Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33003 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- NADI P.S. District- Patna ====================================================== 1.
RAJESH KUMAR S/O JODHI RAI R/O VILLAGE- JETHULI, P.S- NADI, DISTT.- PATNA.
2.
KUSH KUMAR S/O RAM PRAVESH RAI R/O VILLAGE- JETHULI, P.SNADI, DISTT.- PATNA. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad, Adv.
For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Nadi P.S. Case No. 294 of 2023 dated 12.09.2023 registered for the offences punishable u/ss 420, 467, 468 and 471 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 270 litres of illicit country made liquor kept in nine jute sacks was recovered from the tempo.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been
Patna High Court CR. MISC. No.33003 of 2024(2) dt.23-05-2024 2/3 implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioners has transpired in this case merely on suspicion. The petitioners are not the owner nor the driver of the said vehicle and the same was not being driven by the petitioners at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners, 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 petitioners 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
Patna High Court CR. MISC. No.33003 of 2024(2) dt.23-05-2024 3/3 petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Patna City in connection with Nadi P.S. Case No. 294 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T