Abhinav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46163 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Abhinav Kumar S/o- Kulanand Yadav R/o Village- Kamlawari goth Ward- 11 Belhi P.S. Jaynagar Disrtrict- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Soban Asghar, Adv.
For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== 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 Jaynagar (G.R. Case No. 287 of 2025) P.S. Case No. 63/2025 dated 05.03.2025 registered for the offences punishable u/s 274, 275, 317(5) read with Section 3(5) of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 630 litres of illicit Nepali country-made liquor was recovered from the four motorcycles.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The
Patna High Court CR. MISC. No.46163 of 2025(2) dt.01-08-2025 2/3 petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is the owner of one of the seized vehicles but he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted regular bail by this court vide order dated 16.06.2025 passed in Cr. Misc. No. 35864/2025. 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
Patna High Court CR. MISC. No.46163 of 2025(2) dt.01-08-2025 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, Madhubani in connection with Jaynagar (G.R. Case No. 287 of 2025) P.S. Case No. 63/2025 , 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) Gautam/- U T