Awadhesh Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56057 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Awadhesh Kumar Roy Son Of Rajeshwar Roy Village- Rz 1/32, Second Floor, Front Side, Gali No. 4, Near - Tara Apartment, Tughikabad Extension, Alaknanda, Po- Kalkaji, Ps- Kalkaji, Dist- South Delhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivnandan Bharti For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Kuchaikote P.S Case No. 189/2024 dated 01.05.2024 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 203.25 litres of illicit country-made liquor was recovered under the back seat of the bus.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is the owner of the said
Patna High Court CR. MISC. No.56057 of 2024(2) dt.04-10-2024 2/3 vehicle but the said vehicle was not being driven by the petitioner at the time of the alleged occurrence. 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 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.56057 of 2024(2) dt.04-10-2024 3/3 amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Kuchaikote P.S. Case No. 189/2024, 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) atul/- U T