Rajesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79195 of 2023 Arising Out of PS. Case No.-54 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== Rajesh Kumar Paswan S/O Shivjee Paswan Village- Virnwan,Ps. Jagdishpur, Dist. Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh,Adv.

For the Opposite Party/s :

Mr.Dinesh Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Excise Case No. 258 of 2018 arising out of Jagdishpur P.S. Case No. 54 of 2018 dated 09.02.2018 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 7 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted 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. The name of the petitioner has surfaced in this case

Patna High Court CR. MISC. No.79195 of 2023(2) dt.05-01-2024 2/3 on the basis of confessional statement of the apprehended person. The petitioner has no concern with the alleged reocvery. 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 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

Patna High Court CR. MISC. No.79195 of 2023(2) dt.05-01-2024 3/3 amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Excise Case No. 258 of 2018 arising out of Jagdishpur P.S. Case No. 54 of 2018, 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