Rahul Singh @ Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83867 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== 1.

Rahul Singh @ Rahul Kumar Singh Son Of Shasikant Singh R/O VillageHarpur, P.S.- Goreakothi, District- Siwan 2.

Rohit Singh Son Of Chandrika Singh R/O Village- Harpur, P.S.- Goreakothi, District- Siwan 3.

Sanjay Singh Son Of Paras Singh R/O Village- Bajitpur, P.S.- Zamo Bazar, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Advocate.

For the Opposite Party/s :

Mr. Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-01-2024 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 Maharajganj Excise P.S Case No. 46 of 2023 dated 10.10.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 380.160 litres

Patna High Court CR. MISC. No.83867 of 2023(2) dt.19-01-2024 2/3 of illicit liquor was recovered over the toilet tanki behind the house of the petitioner no.1 namely, Rahul Singh.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the name of the petitioner have been implicated in this case only on the basis of suspicion. The petitioner nos. 1 and 2 have one criminal antecedent whereas the petitioner no.3 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 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

Patna High Court CR. MISC. No.83867 of 2023(2) dt.19-01-2024 3/3 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 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) with two sureties of the like amount each to the satisfaction of the learned court concerned, Siwan in connection with Maharajganj Excise P.S Case No. 46 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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