Ajay Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50908 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- AMNAUR District- Saran ====================================================== AJAY NUT S/O CHOKILAL NUT @ KIRIYA NAT RESIDENT OF CHITKOHARA POOL KE NICHE, POLICE STATION- SACHIWALAY, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2024 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 Amnour P.S. Case No. 72 of 2022 dated 15.03.2022 for the offence/s punishable u/ss 353, 307, 401, 413 and 414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 290 litres of illicit country made liquor, two knives and Tinkala Tape were recovered from the Scorpio vehicle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither
Patna High Court CR. MISC. No.50908 of 2023(5) dt.20-02-2024 2/3 the owner nor the driver of the said vehicle. The petitioner has no concern with the alleged recovery. The co-accused disclosed the name of the petitioner. The petitioner has one more criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioner. 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 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 material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on
Patna High Court CR. MISC. No.50908 of 2023(5) dt.20-02-2024 3/3 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, Saran at Chapra in connection with Amnour P.S. Case No. 72 of 2022, 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) guddukr/- U T