Patna High CourtCR. MISC./49822/2024bail granted

Aakash Kumar v. The State Of Bihar

2024-09-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49822 of 2024 Arising Out of PS. Case No.-691 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Aakash Kumar SON OF RAMSHISH YADAV VILLAGE- CHATIYA DIYAR, PS- MALAHI, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Adv.

For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Govindganj (Malahi) P.S. Case No. 691 of 2023 dated 19.12.2023 for the offences punishable u/ss 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 9.30 litres of illicit English liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no criminal

Patna High Court CR. MISC. No.49822 of 2024(2) dt.13-09-2024 2/3 antecedent as stated in para 3 of the bail petition. The coaccused has already been granted anticipatory bail by this Court vide order dated 05.04.2024 passed in Cr. Misc. No. 23095 of 2024. 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. 20,000/- (Rupees twenty thousand) with two sureties of the like

Patna High Court CR. MISC. No.49822 of 2024(2) dt.13-09-2024 3/3 amount each to the satisfaction of the learned court concerned, East Champaran, Motihari in connection with Govindganj (Malahi) P.S. Case No. 691 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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