Ejaz Ahmad @ Ejaaj Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78076 of 2023 Arising Out of PS. Case No.-360 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
Ejaz Ahmad @ Ejaaj Ahmad S/O Md. Nizamuddin Village- Jitwarpur Kharaj, Ps. Muffasil, Dist. Samastipur.
2.
Md. Tanvir S/O Md. Hanif Village- Jitwarpur Chouth Paharpura, Ps.Muffasil, Dist. Samastipur.
3.
Amarjeet Paswan S/O Satrudhan Paswan @ Shatrudhan Paswan VillageWard No. 1, Malti, Ps. Ujiarpur, Dist. Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 Learned counsel for the petitioners 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 petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Muffasil P.S. Case No. 360 of 2023 dated 25.07.2023 registered for the offences punishable under Sections 30(a), 37(C), 37(D) of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, 300 ml of illicit liquor
Patna High Court CR. MISC. No.78076 of 2023(2) dt.02-01-2024 2/3 was recovered from a 750 ml bottle. The apprehended person disclosed the name of the petitioners.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioners, 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 petitioners 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.78076 of 2023(2) dt.02-01-2024 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 anticipatory 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, Samastipur in connection with Muffasil P.S. Case No. 360 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T