Vikki Giri @ Bikki Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74001 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== VIKKI GIRI @ BIKKI GIRI Son of Munna Giri R/o Mohalla - Gausganj, P.S.- Ara Nagar, District - Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Asha Devi APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-02-2023 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.

Heard learned counsel for the petitioner and learned Special Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, 25 litres country made wine was recovered from the co-accused Munna Giri. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.74001 of 2022(2) dt.03-02-2023 2/3 Although the petitioner is the son of the co-accused Munna Giri. The petitioner is also accused in four other criminal case which are not related to Excise Act as stated in para 3 of the bail petition. The petitioner is living in another house. Learned Counsel has relied on the judgement 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. 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. Considering the aforesaid facts and circumstances of the case, as well as the nature of allegation, 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.

Patna High Court CR. MISC. No.74001 of 2022(2) dt.03-02-2023 3/3 P.S. Case No. 76 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

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