Munna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80486 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- GAMAHARIYA District- Madhepura ====================================================== MUNNA MANDAL Son of Late Bhokar Mandal @ Ramdev Mandal R/o vill - Babhani, ward no. 07, P.S. - Gamharia, Distt. - Madhepura ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinkar Kumar, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Gamharia P.S. Case No. 170 of 2023 dated 17.09.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 37.800 litres of illicit country made liquor was recovered from Bhuskar situated western side door of the petitioner's house. 18 litres of illicit country made liquor was also recovered from the motorcycles.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has three criminal antecedents as stated in para 3 of

Patna High Court CR. MISC. No.80486 of 2023(2) dt.10-01-2024 2/3 the bail petition. The petitioner has no concern with the alleged recovery rather the recovery has been made from Bhuskar which is an open place to accessible anyone. The petitioner is not the owner of the said motorcycle and the same was not being driven by the petitioner at the time of alleged recovery. Nothing 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.

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

Patna High Court CR. MISC. No.80486 of 2023(2) dt.10-01-2024 3/3 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, Madhepura in connection with Gamharia P.S. Case No. 170 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T