Ram Naresh Mahto @ Naresh Mahto @ Ramnaresh Mahto @ Naresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39058 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- RIGA District- Sitamarhi ====================================================== Ram Naresh Mahto @ Naresh Mahto @ Ramnaresh Mahto @ Naresh Kumar Son of Ram Chandra Mahto @ Ramchandra Mahto Resident of VillageKhairwa, P.S- Riga , Dist-Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar, Adv For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Riga P.S. Case No. 54 of 2024 dated 29.02.2024 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 99 litres of illicit Nepali saufi liquor was recovered from the two Scooty.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner was disclosed by the apprehended person. The petitioner is not the
Patna High Court CR. MISC. No.39058 of 2024(2) dt.23-08-2024 2/3 owner of the said vehicle and the same was not being driven by the petitioner at the time of the alleged recovery. It is further submitted that the petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted anticipatory bail by the co-ordinate bench of this court vide order dated 24.04.2024 passed in Cr. Misc. No. 30881 of 2024. Nothing 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 material available on the record, let the
Patna High Court CR. MISC. No.39058 of 2024(2) dt.23-08-2024 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, Sitamarhi in connection with Riga P.S. Case No. 54 of 2024, 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) Jyoti/- U T