Anil Kumar @ Gorkha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33894 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== ANIL KUMAR @ GORKHA Son of Lalan Chaudhary Resident of village - Damodarpur, P.S. - Kanti, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2023 Learned counsel for the petitioner 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 petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case in connection with Kanti P.S. Case No. 147 of 2023 dated 26.2.2023 registered for the offences punishable under sections 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 43.200 litres of foreign liquor was recovered from the lychee orchard situated at Damodarpur.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33894 of 2023(2) dt.24-06-2023 2/3 the petitioner has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Hence no case is made out. Learned counsel has further submitted that the said lychee orchard does not belong to the petitioner as stated in para-9 of the bail petition. The name of the petitioner was disclosed by the coaccused person Hari Kishore Kumar. The petitioner has clean antecedent as stated at para 3 of the bail petition. 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.

Patna High Court CR. MISC. No.33894 of 2023(2) dt.24-06-2023 3/3 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 learned Court concerned, Muzaffarpur in connection with Kanti P.S. Case No. 147 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

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