Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38195 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Chandan Kumar S/o Parash Ram R/o Village- Bhitaha, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar Tiwari For the Opposite Party/s :
Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Motihari Muffasil P.S. Case No. 51 of 2025 dated 24.01.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 51.600 litres of illicit Nepali Kasturi liquor kept in two sacks was recovered from the bush.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. No incriminating article has been
Patna High Court CR. MISC. No.38195 of 2025(2) dt.25-07-2025 2/3 recovered from the conscious possession of the petitioner, hence no case is made out. The recovery is made from an open place which is accessible to anyone. The other co-accused person has already been granted regular bail by this court vide order dated 21.04.2025 passed in Cr. Misc. No. 21864/2025. 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 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.
Patna High Court CR. MISC. No.38195 of 2025(2) dt.25-07-2025 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran at Motihari in connection with Motihari Muffasil P.S. Case No. 51 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T