Satyanarayan Das @ Satyanarayan Harijan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 50089 of 2024 Arising Out of PS. Case No.-858 Year-2023 Thana- BANKA District- Banka ====================================================== Satyanarayan Das @ Satyanarayan Harijan Son of Soni Das Resident of village - Domuhan Harizan Tola, P.S. and District - Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Pandey, Adv.
For the Opposite Party/s :
Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Banka P.S. Case No. 858 of 2023 dated 30.12.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, total 150 litres of illicit country liquor was recovered from the two motorcycles which were found in the middle of the Chandan River.
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 bail petition. The name of the petitioner was disclosed by the
Patna High Court CR. MISC. No. 50089 of 2024(2) dt.20-09-2024 2/3 local chowkidar. The recovery has been made from an open place which is accessible to anyone. The petitioner is not the owner of the seized motorcycle and the same was not being driven by him at the time of the alleged recovery. 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 F.I.R., no offence under the said provision is made out.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition 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
Patna High Court CR. MISC. No. 50089 of 2024(2) dt.20-09-2024 3/3 enlarged on 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, Banka in connection with Banka P.S. Case No. 858 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) sadique/- U T