Patna High CourtCR. MISC./33794/2024bail granted

Awdesh Mahto @ Awdesh Kumar v. The State Of Bihar

2024-07-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33794 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Awdesh Mahto @ Awdesh Kumar Son of Indal Mahto @ Indradev Mahto Resident of Village- Bambaiya Harlal, P.S- Dalsinghsarai ,Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2024 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 Dalsinghsarai P.S. Case No. 246 of 2023 dated 14.06.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 894.6 litres of illicit foreign liquor was recovered from the pick-up van.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle. The said vehicle

Patna High Court CR. MISC. No.33794 of 2024(3) dt.26-07-2024 2/3 was not being driven by the petitioner at the time of the alleged occurrence. The name of the petitioner was disclosed by local Chowkidar. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedent as stated in para 3 of the bail petition. The similarly situated co-accused has been granted bail vide order dated 02.05.2024 in Cr. Misc. No. 33578 of 2024. 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 record, let the

Patna High Court CR. MISC. No.33794 of 2024(3) dt.26-07-2024 3/3 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. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Dalsinghsarai P.S. Case No. 246 of 2023, 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) shivam/- U T