Panchu @ Panchu Kumar @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64054 of 2023 Arising Out of PS. Case No.-203 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Panchu @ Panchu Kumar @ Dilip Kumar S/O Late Ram Prakash Mahto R/O Biduliya, P.S- Khodabandpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Khodabandpur P.S. Case No. 203 of 2023 dated 13.07.2023 for the offence/s punishable u/s 30(a), 41(i) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 216 litres of illicit liquor was recovered from the dilapidated house of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.64054 of 2023(3) dt.13-12-2023 2/3 that the petitioner has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the recovery is made from an open dilapidated house. The recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has no 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.

6. 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.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.64054 of 2023(3) dt.13-12-2023 3/3 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 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 Khodabandpur P.S. Case No. 203 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T