Parshuram Khatik @ Parshuram Khatti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80612 of 2023 Arising Out of PS. Case No.-770 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== 1.
Parshuram Khatik @ Parshuram Khatti Son Of Sri Balkunwar Khatik Resident Of Village - Pokhra Chowk, Narkatiaganj, P.S. - Shikarpur, District - West Champaran 2.
Nandlal Khatik @ Nandal Khatti @ Nandlal Khatti Son Of Sri Balkunwar Khatik Resident Of Village - Pokhra Chowk, Narkatiaganj, P.S. - Shikarpur, District - West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sagar Kumar, Adv.
For the Opposite Party/s :
Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 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 Shikarpur P.S. Case No. 770 of 2023 dated 29.09.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 30 litres of illicit country made liquor was recovered from the cattle shed of the petitioners.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The
Patna High Court CR. MISC. No.80612 of 2023(2) dt.10-01-2024 2/3 petitioner no. 1 has no criminal antecedent whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. Learned counsel has further submitted that the petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from an open place which is accessible to anyone, hence no case is made out against the petitioners. 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 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
Patna High Court CR. MISC. No.80612 of 2023(2) dt.10-01-2024 3/3 petitioners, let the above named petitioners, in the event of their 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, West Champaran, Bettiah in connection with Shikarpur P.S. Case No. 770 of 2023, 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