Raju Singh @ Raju Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43857 of 2025 Arising Out of PS. Case No.-505 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== 1.
Raju Singh @ Raju Kumar Singh S/o- Umesh Prasad Singh Village- Nijwan P.S- Mahua Dist- Vaishali 2.
Md. Moslim Ansari @ Md. Muslim S/o- Md. Daud Ansari VillageKutubpur P.S- Bidupur Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2025 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 Harnaut (Chero OP) P.S. Case No. 505 of 2024 dated 25.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 3231 litres of illicit foreign liquor was recovered from the Truck.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner are not the driver of the said vehicle. No incriminating material has been recovered from
Patna High Court CR. MISC. No.43857 of 2025(2) dt.01-08-2025 2/3 the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have clean antecedent as stated in para 3 of the bail petition. The coaccused person has already been granted regular bail by this Court vide order dated 27.03.2025 passed in Cr. Misc. No. 14409 of 2025. Learned counsel has submitted that no case is made out against the petitioners. 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 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 material available on record, let the above named petitioners, in the event of their arrest/surrender
Patna High Court CR. MISC. No.43857 of 2025(2) dt.01-08-2025 3/3 within a period of six weeks from today, be enlarged on anticipatory 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 the learned court concerned, Biharsharif (Nalanda) in connection with Harnaut (Chero OP) P.S. Case No. 505 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T