Rakesh Mahto @ Rajeev Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74156 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== Rakesh Mahto @ Rajeev Ranjan Son Of Maheshwar Mahto R/O Malpur Agrali, P.S.- Sakra, District- Muzaffarpur, Presently Residing At VillageDhankaul, P.S.- Patepur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-11-2023 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 Mahuwa Excise P.S. Case No. 10 of 2023 dated 22.07.2023 for the offences punishable u/s 30(a), 32(1)(2)(3), 41(1)(2) of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 2316.600 litres of illicit liquor has been recovered from the pickup van and from the godown where the liquor was concealed in the rice bags.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.74156 of 2023(2) dt.30-11-2023 2/3 that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent 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 has been disclosed by the co-accused. The petitioner is neither the owner of the godown nor the owner of the said vehicle. 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.74156 of 2023(2) dt.30-11-2023 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, Hajipur, Vaishali in connection with Mahuwa Excise P.S. Case No. 10 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Chandra Prakash Singh, J) atul/- U T