Patna High CourtCR. MISC./41056/2024bail granted

Dipak Kumar v. The State Of Bihar

2024-08-30Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41056 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- RIGA District- Sitamarhi ====================================================== 1.

DIPAK KUMAR SON OF BIJALI SAH R/O VILL- MARAR, P.S- RIGA, DISTRICT- SITAMARHI.

PAPPU KUMAR SON OF SURESH SAH R/O VILL- MARAR, P.S- RIGA, DISTRICT- SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The Petitioners are apprehending their arrest in connection with Riga P.S. Case No. 16 of 2024 dated 19.01.2024 the offences punishable u/s 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act 2018.

3. As per the prosecution case, total 86.1 litres of Nepali country liquor was recovered from the two motorcycles.

4. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was disclosed by local Chowkidar. The petitioners are not the owner

Patna High Court CR. MISC. No.41056 of 2024(2) dt.30-08-2024 2/3 of the said vehicle. No incriminating article has been recovered from the conscious possession of the petitioners, hence no case is made out. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The similarly situated coaccused has been granted anticipatory bail by this Court vide order dated 18.04.2024 passed in Cr. Misc. No. 26752 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 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 petitioners, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.41056 of 2024(2) dt.30-08-2024 3/3 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. 16 of 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) shivam/- U T