Kaushal Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54403 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Kaushal Kumar Singh Son of Umesh Prasad Singh Resident of Ward no. 10, Village- Khetapur Manikpur, Police Station- Sarairanjan District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Kumar, Adv.
For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2024 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 Samastipur Sadar Excise P.S. Case No. 169 of 2024 dated 07.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018 (Amended).
3. As per the prosecution case, total 75.240 litres of illicit foreign liquor was recovered from the dickey of the Wagon-R.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner was transpired in this
Patna High Court CR. MISC. No.54403 of 2024(2) dt.20-09-2024 2/3 case merely on suspicion as he is the owner of the said vehicle. 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 F.I.R., no offence under the said provision is made out.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition 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 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, Samastipur in
Patna High Court CR. MISC. No.54403 of 2024(2) dt.20-09-2024 3/3 connection with Samastipur Sadar Excise P.S. Case No. 169 of 2024, 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) sadique/- U T