Vikram Kumar @ Vikaram Mahto @ Vikaram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39062 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- Excise P.S. District- Sheohar ====================================================== 1.
Vikram Kumar @ Vikaram Mahto @ Vikaram Kumar SON OF KISHORI MAHATO Village -Chatauni PS- Piprahi Dist -Sheohar 2.
SANJAY BAITHA @ SANJAY KUMAR SON OF MANOJ BAITHA VILLAGE- CHATAUNI, PS- PIPRAHI, DIST- SHEOHAR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Sheohar P.S. Case No. 54 of 2024 dated 07.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 108 litres of illicit Nepali country made liquor was recovered from the straw house located in front of the house of the petitioners.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the
Patna High Court CR. MISC. No.39062 of 2024(2) dt.23-08-2024 2/3 conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The name of the petitioners has transpired in the confessional statement of the co-accused Arun Mahto. Similarly situated co-accused person has already been granted regular bail by this court vide order dated 09.05.2024 passed in Cr. Misc. No. 35634 of 2024. The petitioners have no criminal antecedents as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioners. Learned Counsel has relied on the judgment of Full Bench of the 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 petitioners by submitting that the bar of Section 76(2) of the Act applies in this case.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.39062 of 2024(2) dt.23-08-2024 3/3 of the case as well as the material available on the record, let the above named petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Sheohar in connection with Sheohar 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) guddukr/- U T