Pritam Kumar @ Pritam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2818 of 2024 Arising Out of PS. Case No.-487 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Pritam Kumar @ Pritam Singh Son Of Ranjay Kumar @ Ranjay Kumar Singh R/O Bishanpur Taraura (BHAGWATPUR), P.S.- Mahua, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Mahua P.S. Case No. 487 of 2023 dated 25.07.2023 for the offences punishable u/ss 272, 273, 420, 467, 414, 120B read with 34 of the I.P.C and Sections 30(a), 32(ii) (iii), 36 and 41(1)(2) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 1324.8 litres of illicit English liquor was recovered from the two pick-up vans.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has four criminal antecedents and he is on bail in all the aforesaid cases as stated at para 3 of the bail
Patna High Court CR. MISC. No.2818 of 2024(2) dt.05-02-2024 2/3 petition. The petitioner is neither the owner nor the driver of the said vehicle. No incriminating article 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.2818 of 2024(2) dt.05-02-2024 3/3 amount each to the satisfaction of the learned court concerned, Hajipur, Vaishali in connection with Mahua P.S. Case No. 487 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) atul/- U T