Sojit Mukhiya @ Sojit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72953 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Sojit Mukhiya @ Sojit Son of Late Soman Mukhiya Resident of Village - Tisi, Police Station - Bisfi, Post - Tisi, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, 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 a case in connection with Jaynagar P.S Case No. 152 of 2024 dated 13.05.2024 G.R. No. 718 of 2024 registered for the offences punishable u/ss 272, 273 and 414 read with Section 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 730 litres of illicit Nepali country made wine was recovered from the six different motorcycles. It is further alleged that 90 litres of illicit Nepali country made liquor was recovered from the motorcycle of the petitioner.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.72953 of 2024(2) dt.11-12-2024 2/3 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 the owner of one of the motorcycles and he has no concern with the alleged 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 16.07.2024 passed in Cr. Misc. No. 50596 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
Patna High Court CR. MISC. No.72953 of 2024(2) dt.11-12-2024 3/3 of the case as well as the material available on the 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, Madhubani, in connection with Jaynagar P.S Case No. 152 of 2024, G.R. No. 718 of 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