Jitendra Kumar @ Jitendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78175 of 2023 Arising Out of PS. Case No.-401 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== JITENDRA KUMAR @ JITENDRA SAH S/O UMESH SAH R/O VILLAGE- SHIURA, P.S.- PATORI (MOHANPUR O.P.), DISRICSAMASTIPUR, BIHAR- 848101 ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Kumar Pandey For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 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 Patori (Mohanpur O.P) P.S. Case No. 401 of 2023 corresponding to the Excise GR No. 263/2023 dated 17.06.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 155.520 litres of illicit liquor was recovered kept beneath the seat of ambulance.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.78175 of 2023(2) dt.02-01-2024 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 petitioner is owner of the said vehicle but the said vehicle was not being driven by the petitioner. 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 arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.78175 of 2023(2) dt.02-01-2024 3/3 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, Samastipur in connection with Patori (Mohanpur O.P) P.S. Case No. 401 of 2023 corresponding to the Excise GR No. 263/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Chandra Prakash Singh, J) atul/- U T