Patna High CourtCR. MISC./76626/2023bail granted

Rajiv Kumar v. The State Of Bihar

2023-12-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76626 of 2023 Arising Out of PS. Case No.-93 Year-2020 Thana- BARH District- Patna ====================================================== RAJIV KUMAR S/O SURENDRA YADAV @ SURENDRA RAI @ SARYUG MUKHIYA R/O VILLAGE- LAHERIYA POKHAR, P.S- BARH, DISTT.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 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 connection with Barh P.S. Case No. 93 of 2020 dated 09.02.2020 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 99 litres of illicit liquor was recovered concealed in bushes behind Valley High School.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.76626 of 2023(2) dt.18-12-2023 2/3 that the petitioner has falsely been implicated in this case. The petitioner is accused in five other criminal cases which are not related to similar nature of offence as stated at para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The name of the petitioner was disclosed by the local chowkidar. 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.

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 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.76626 of 2023(2) dt.18-12-2023 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, Patna in connection with Barh P.S. Case No. 93 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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