Gabbar Rai @ Dipak Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41463 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- SARAI District- Vaishali ====================================================== Gabbar Rai @ Dipak Rai S/o Rajan Rai @ Rajender Rai @ Ranjan Rai R/o Village-Majhauli Mohammadpur, P.S.-Sarai,District-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kanchan Kumari, Adv.
For the Opposite Party/s :
Mr. Akbar Ali, 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 Sarai P.S. Case No. 243 of 2023 dated 27.09.2023 for the offences punishable u/ss 272, 273 read with Section 34 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 783.6 litres of illicit Indian made foreign liquor was recovered from the room of the co-accused Pawan Kumar.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the
Patna High Court CR. MISC. No.41463 of 2024(2) dt.30-08-2024 2/3 bail petition. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from the house of the co-accused person. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out against the petitioner. The similarly situated co-accused has been granted bail by this Court vide order dated 24.01.2024 passed in Cr. Misc. No. 85306 of 2023. 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 nature of allegation against the
Patna High Court CR. MISC. No.41463 of 2024(2) dt.30-08-2024 3/3 petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of eight 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 Sarai P.S. Case No. 243 of 2023, 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) shivam/- U T