Thakur Lal Dengi @ Thakur Lal Dangi @ Thakurlal @ Thakur Ji Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27783 of 2025 Arising Out of PS. Case No.-167 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Thakur Lal Dengi @ Thakur Lal Dangi @ Thakurlal @ Thakur Ji Patel S/o Nathu Lal Dangi Resident of Village- Bhalon Ka Gurha, P.S.- Bichhadi, Distt.- Udaipur, Rajasthan, 313024 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Bihiyan P.S. Case No. 167 of 2023 dated 30.06.2023 registered for the offences punishable u/ss 419, 420, 467, 468, 471, 120B read with Section 34 of the Indian Penal Code and u/s 30(a), 32(1)(2)/36/41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 6495.48 litres of illicit foreign liquor was recovered from truck.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.27783 of 2025(2) dt.04-07-2025 2/3 para 3 of the bail petition. The petitioner is the owner of the said vehicle but the said vehicle was not being driven by the petitioner at the time of the alleged occurrence. 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.27783 of 2025(2) dt.04-07-2025 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Bihiyan P.S. Case No. 167 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i). One of the bailors must be a local resident within the jurisdiction of the Concerned court.

7. This application stands allowed.

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