Manoj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76732 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Manoj Singh Son Of Vijay Singh @ Vijay Kumar Resident Of Village - Nijampur, Police Station - Didarganj, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 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 Didarganj P.S. Case No. 315 of 2023 dated 18.09.2023 for the offences punishable under Sections 341, 323, 353, 188 and 224 read with 34 of the I.P.C and Sections 37 of 45 Bihar Prohibition and Excise Act.
4. As per the prosecution case, the petitioner and the co-accused are alleged to have caused hindrance in discharge of official duty and also tried to snatch away the rifle of a police
Patna High Court CR. MISC. No.76732 of 2023(2) dt.18-12-2023 2/3 constable. The co-accused was apprehended in intoxicated stated who disclosed the name of the petitioner as his son.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused is one more criminal case 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. 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
Patna High Court CR. MISC. No.76732 of 2023(2) dt.18-12-2023 3/3 petitioner, 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, Patna City in connection with Didarganj P.S. Case No. 315 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