Sudama Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48796 of 2023 Arising Out of PS. Case No.-1593 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== SUDAMA KUMAR Son of Sri Anil Singh R/v- Sona Gopalpur, Sampatchak, P.S.- Gopalpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Phulwarisharif (Janipur) P.S. Case No. 1593 of 2022, Special Case No. 8913 of 2022 dated 20-12-2022, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. 60 liters of illicit Mahua wine has been recovered from the vehicle, which belongs to the petitioner.
4. Learned counsel for the petitioner submits that as per prosecution case, the petitioner was not present in the vehicle and his name has been disclosed by the person who was apprehended with the illicit liquor. He has no criminal antecedents. The nature of implications, as per prosecution
Patna High Court CR. MISC. No.48796 of 2023(2) dt.11-08-2023 2/3 case, is clear indication of the fact that the no offence under the Bihar Prohibition and excise Act would be made out against the petitioner.
5. The learned APP for the State has opposed the prayer for anticipatory bail, referring to the provisions contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that pre-arrest bail would not be maintainable.
6. This Court is conscious of decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089. Having regard to the law laid down in the said judgment and the submissions advanced on behalf of the petitioner, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of counsel for the petitioner. Prayer for bail is allowed.
7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna, in connection with Phulwarisharif (Janipur) P.S. Case No. 1593 of 2022, Special Case No. 8913 of 2022 dated 20-12-2022, subject to the conditions as laid down
Patna High Court CR. MISC. No.48796 of 2023(2) dt.11-08-2023 3/3 in Section 438(2) of the Code of Criminal Procedure with following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T