Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41779 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== Randhir Kumar S/o Ram Nath Ray @ Ram Nath Rai R/o Village-Rahar Diyara, Ward No. 09, P.S.-Sonepur, District-Saran at Chapra (Owner of the vehicle Splendor Plus Bearing Reg. No.- BR-04AP-3604 ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudha, Adv.
For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Ganga Bridge P.S. Case No. 14/2024 dated 20.01.2024 for the offences punishable u/s 420 of the IPC and Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 100 litres of countrymade liquor, 225 empty bottles, 16.50 litres of Indian made foreign liquor, plastic caps, 1088 pieces of sticker of imperial blue and two motorcycles were recovered from the banana orchard.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.41779 of 2024(2) dt.30-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is accused in four other criminal cases and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is the owner of one of the seized vehicles but he has no concern with the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The coaccused person has already been granted anticipatory bail by this court vide order dated 15.03.2024 passed in Cr. Misc. No. 17492 of 2024. 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.
Patna High Court CR. MISC. No.41779 of 2024(2) dt.30-08-2024 3/3
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. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 14/2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T