Ramesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34080 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- RUDRAPUR District- Madhubani ====================================================== 1.
RAMESH PASWAN S/O RAM LAKHAN PASWAN R/O Village- Batsara, P.S.-Rudrapur, District- Madhubani 2.
RAM LAKHAN PASWAN S/O MOTI PASWAN R/O Village- Batsara, P.S.-Rudrapur, District- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Prasad, Advocate For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in connection with Rudrapur P.S. Case No. 13 of 2023 dated 05.02.2023 / G.R No. 76. of 2023 dated 05.02.2023 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, total 30 litres of countrymade liquor was recovered from the field situated infront of the
Patna High Court CR. MISC. No.34080 of 2023(2) dt.24-06-2023 2/3 house of the petitioners.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner No. 1 is accused in one more criminal case and petitioner No. 2 has clean antecedent as stated in para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The said recovery was from the filed which is a open place. 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.
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. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner,
Patna High Court CR. MISC. No.34080 of 2023(2) dt.24-06-2023 3/3 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. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jhanjharpur, Madhubani in connection with Rudrapur P.S. Case No. 13 of 2023 dated 05.02.2023 / G.R No. 76. of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Chandra Prakash Singh, J) atul/- U T