Firan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32965 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Firan Paswan Son of Sahdev Paswan Resident of village - Beraghat, Police Station -Raj Nagar, Distt- Madhubani.

2.

Raghuveer Paswan @ Raghuvir Paswan Son of Kushe Paswan Resident of Village -Sahaspur, ward no.11, P.S. - Raj Nagar, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== 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 Rajnagar P.S. Case No. 290 of 2023 dated 09.11.2023 for the offence/s punishable u/ss 272 and 273 read with section 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 72 litres of illicit Nepali liquor was recovered from the two different motorcycles.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are the owner of the said vehicles.

Patna High Court CR. MISC. No.32965 of 2024(2) dt.23-05-2024 2/3 The said vehicles were not being driven by the petitioners at the time of the alleged occurrence. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedents as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioners. Learned Counsel has relied on the judgment of Full Bench of the 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 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 material available on the record, let the above named petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhubani in connection with Rajnagar P.S. Case No. 290 of 2023, subject to conditions as laid down under

Patna High Court CR. MISC. No.32965 of 2024(2) dt.23-05-2024 3/3 section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T