Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77105 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Vikash Kumar Son of Lal Babu Rai Resident of village -Madwa PSBaikunthpur District -Gopalganj ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmveer, Adv.
For the Opposite Party/s :
Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Baikunthpur P.S Case No. 260/2024 dated 08.08.2024 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 1000 litres of illicit spirit was recovered from the Sugarcane field.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The recovery has been made from an open place which is accessible to anyone. No incriminating
Patna High Court CR. MISC. No.77105 of 2024(2) dt.07-02-2025 2/3 article has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted anticipatory bail by this court vide order dated 18.10.2024 passed in Cr. Misc. No. 66198 of 2024. 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 petitioner 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 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.
Patna High Court CR. MISC. No.77105 of 2024(2) dt.07-02-2025 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Baikunthpur P.S Case No. 260/2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T