Patna High CourtCR. MISC./72774/2024bail granted

Chhotu Kumar v. The State Of Bihar

2024-12-11Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72774 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Chhotu kumar S/O Dipak Ram Resident of Village- Sabalpur Pachyari Tola, P.S. Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Bhore P.S. Case No. 52/2024 dated 28.02.2024 registered for the offence punishable u/ss 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 777.6 litres of illicit foreign liquor was recovered from the truck and total 864 litres of illicit foreign liquor was recovered from the another truck.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent as stated in

Patna High Court CR. MISC. No.72774 of 2024(2) dt.11-12-2024 2/3 para 3 of the bail petition. The petitioner has been made accused in this case only because the petitioner is the owner of one of the seized trucks but he has no concern with the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted regular bail by this court vide order dated 14.05.2024 passed in Cr. Misc. No. 36655 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

Patna High Court CR. MISC. No.72774 of 2024(2) dt.11-12-2024 3/3 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, Gopalganj, in connection with Bhore P.S. Case No. 52/2024, 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