Guddu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73742 of 2024 Arising Out of PS. Case No.-329 Year-2024 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.
Guddu Ram Son of Late Juit Ram Resident of Village - Marachhi, P.S. - Bhagwanpur Hat, District - Siwan 2.
Bulet Ram son of Rameshwar Ram Resident of Village - Marachhi, P.S. - Bhagwanpur Hat, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Bhagwanpur Hat P.S. Case No. 329 of 2024 dated 09.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 146.520 litres of illicit Indian made foreign liquor was recovered from the Chawar.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have one criminal
Patna High Court CR. MISC. No.73742 of 2024(2) dt.23-10-2024 2/3 antecedent in which they are on bail as stated in para 3 of the bail petition. The name of the petitioners was disclosed by local Chowkidar. Learned counsel has further submitted that the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners, hence no case is made out. 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 petitioners 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 petitioners, let the above named petitioners, in the event of their
Patna High Court CR. MISC. No.73742 of 2024(2) dt.23-10-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Siwan in connection with Bhagwanpur Hat P.S. Case No. 329 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T