Ajay Kumar Kharwar @ Ajay Kumar Kharabar @ Ajay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48006 of 2023 Arising Out of PS. Case No.-320 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== Ajay Kumar Kharwar @ Ajay Kumar Kharabar @ Ajay Mahto Son Of Vikram Mahato Resident Of Village- Birti Tola, Ps- Jagdishpur, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta, Adv.
For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2023 Heard Mr. Ashok Kumar Gupta, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Nautan (Jagdishpur) P.S. Case No. 320 of 2020, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. In course of patrolling, on noticing the police personnels, two persons who were coming on their respective motorcycles, succeeded in fleeing away by leaving their motorcycles. On search, two litres and four litres chulai liquor from each motorcycle was recovered.
4. Submission has been made on behalf of the
Patna High Court CR. MISC. No.48006 of 2023(2) dt.11-08-2023 2/3 petitioner that he has been made accused only in the capacity of owner of the motorcycle which was parked by the side of the road and while he had gone to meet his friend, the police seized that motorcycle and recovery of illicit wine has been shown. He next submitted that admittedly the alleged recovery has been made from a public place and the petitioner bears fair antecedent and he has no concern with the recovered illicit wine.
5. On the other hand, learned counsel for the State opposes the bail application and submits that the learned trial court while rejecting the bail application has pointed out that anticipatory bail is not maintainable in view of Section 76(2) of the Bihar Prohibition and Excise Act.
6. So far as the issue regarding maintainability of anticipatory bail under the Bihar Prohibition and Excise Act is concerned, the entire confusion has already been dispelled by the Full Bench of this Court in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) PLJR 1089.
7. Regard being had to the submissions made on behalf of the parties and considering the fact that the recovery has been made from a public place, coupled with the fair antecedent and also in view of the observation made by the Full
Patna High Court CR. MISC. No.48006 of 2023(2) dt.11-08-2023 3/3 Bench of this Court in Ram Vinay Yadav (supra), let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned court of Exclusive Special Judge, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 320 of 2020, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T