Mahesh Choudhary @Mahesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31313 of 2024 Arising Out of PS. Case No.-30 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Mahesh Choudhary @Mahesh Kumar Choudhary SON OF LATE GAYA CHOUDHARY RESIDENT OF VILLAGE- MOHANPUR, WARD NO. 8 PS- BHAGWANPUR, DIST- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== 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 arrest in connection with Complaint Case No. 30 C2 / 2021, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 6.75 litres of illicit foreign liquor was recovered from the straw keeping old joint house of the petitioner and the co-accused Manohar Kumar.

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.31313 of 2024(2) dt.25-04-2024 2/3 in para 3 of the bail petition. The apprehended co-accused person disclosed the name of the petitioner due to previous enmity. The said house is without door. The petitioner has no concern either manufacturing or selling of the illegal wine. Nothing has been recovered from the conscious possession of the petitioner, hence 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 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 APP 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

Patna High Court CR. MISC. No.31313 of 2024(2) dt.25-04-2024 3/3 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, Begusarai in connection with Complaint Case No. 30 C2 / 2021, 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) Ranjeet/- U T