Lilambar Paswan @ Nilambar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71433 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== LILAMBAR PASWAN @ NILAMBAR PASWAN SON OF SUKHARI PASWAN R/O VILL.- BELMOHAN, P.S.- PHULPARAS, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advoate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-01-2023 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) Bihar Prohibition and Excise Act.

As per the prosecution case, on the basis of information, the police raided the house of the petitioner from where the petitioner fled away taking advantage of darkness. On search, total 8 litres country made liquor was recovered from his house.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.71433 of 2022(2) dt.20-01-2023 2/2 petitioner is accused in one more criminal case as stated in para 3 of the bail petition. 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.

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, the prayer of anticipatory bail is disposed off with a direction to the petitioner to surrender before the court below within six weeks from today and pray for regular bail which shall be consider by the learned court below without being prejudiced by this order.

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