Sri Raju Kumar @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43163 of 2025 Arising Out of PS. Case No.-188 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Sri Raju Kumar @ Raju Kumar S/o Sri Baldev Ray R/o Village- Rupauli, Banghara tola, PS- Musarigharari, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Musrigharari P.S. Case No. 188/2024 dated 20.12.2024 registered for the offences punishable u/ss 30(a), 34 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 286.92 litres of illicit foreign liquor was recovered from the Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. As per para 6 of the bail petition, the said car does not belong to the petitioner. The other co-

Patna High Court CR. MISC. No.43163 of 2025(2) dt.01-08-2025 2/3 accused person has already been granted anticipatory bail by this court vide order dated 11.07.2025 passed in Cr. Misc. No. 31784/2025. No incriminating article has been recovered from the conscious possession of the petitioner, 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 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.43163 of 2025(2) dt.01-08-2025 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Musrigharari P.S. Case No. 188/2024, subject to conditions as laid down under section 482(2) of the B.N.S.S, with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T