Mayank Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63021 of 2024 Arising Out of PS. Case No.-211 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Mayank Kumar S/o- Naresh Yadav @ Naresh Prasad Yadav Village- Bari Ballia Siraja, PS- Ballia District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Yadav, Adv.
For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Ballia P.S. Case 211/2024 dated 05.07.2024 registered for the offences punishable u/s 30(a), 32 and 41(1) (2) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 243 litres of illicit country-made liquor was recovered from the Bolero pick up van.
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 neither the owner
Patna High Court CR. MISC. No.63021 of 2024(2) dt.20-11-2024 2/3 nor the driver of the said vehicle and the same was not being driven by the petititioner at the time of the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The coaccused person has already been granted regular bail by this court vide order dated 13.08.2024 passed in Cr. Misc. No. 57701 of 2024. 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
Patna High Court CR. MISC. No.63021 of 2024(2) dt.20-11-2024 3/3 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, Begusarai in connection with Ballia P.S. Case 211/2024, 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) Gautam/- U T