Md. Ashim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54024 of 2025 Arising Out of PS. Case No.-335 Year-2024 Thana- KORHA District- Katihar ====================================================== Md. Ashim S/o Baniya Alam Resident of Village- Musapur, P.S.- Korha, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Musowir For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Korha P.S. Case No. 335 of 2024 dated 11.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 10 litres of illicit country made 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 has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is not the owner of the said vehicle. No incriminating article has been recovered from
Patna High Court CR. MISC. No.54024 of 2025(2) dt.12-09-2025 2/3 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. The motorcycle from which recovery was made is a stolen motorcycle.
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 amount each to the satisfaction of the learned court concerned,
Patna High Court CR. MISC. No.54024 of 2025(2) dt.12-09-2025 3/3 Katihar in connection with Korha P.S. Case No. 335 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T