Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36291 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- MANSI District- Khagaria ====================================================== 1.

Rakesh Singh Son of Balram Singh Resident of Village - Bangalia, P.S.- Mansi, District - Khagaria.

2.

Ranveer Singh Son of Balram Singh Resident of Village - Bangalia, P.S.- Mansi, District - Khagaria.

3.

Ram Kumar Singh Son of Balram Singh Resident of Village - Bangalia, P.S.- Mansi, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar, Adv.

For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2025 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 Mansi P.S. Case No. 53 of 2025 dated 13.03.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 45 litres of illicit country made liquor was recovered from the maize field and 1200 litres of semi prepared country made liquor was destroyed by police at the place of occurrence.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.36291 of 2025(2) dt.25-07-2025 2/3 that the petitioners are innocent and have falsely been implicated in this case. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. It is further submitted that the petitioners have no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners, 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 petitioners 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 nature of allegation against the

Patna High Court CR. MISC. No.36291 of 2025(2) dt.25-07-2025 3/3 petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on 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 learned court concerned, Khagaria in connection with Mansi P.S. Case No. 53 of 2025, G.R. No. 44/2025, 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