Sanni Kumar @ Ravi Kumar @ Ravi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84224 of 2023 Arising Out of PS. Case No.-432 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Sanni Kumar @ Ravi Kumar @ Ravi, aged about 26 years, S/O Ramashray Yadav R/O Village- Jitwarpur Nizamat, P.S- Samastipur (MUFASSIL), Distt.- Samastipur.

2.

Rahul Kumar, (male), aged about 28 years, S/O Ramashray Yadav R/O Village- Jitwarpur Nizamat, P.S- Samastipur (MUFASSIL), Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P., ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-01-2024 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 Samastipur (Mufassil) P.S Case No. 432 of 2023 dated 24.09.2023 for the offences punishable u/ss 272, 273 of the Indian Penal Code and 30(a), 36, 37, 41(2)(1) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.84224 of 2023(2) dt.22-01-2024 2/3

4. As per the prosecution case, total 246.240 litres of illicit liquor was recovered from the hut and the Bullet motorcycle.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that local chaukidar disclosed the name of the petitioners. Learned counsel has further submitted that the petitioners are neither the owner nor the driver of the said motorcycle. The petitioner no.1 has one criminal antecedent whereas petitioner no.2 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

Patna High Court CR. MISC. No.84224 of 2023(2) dt.22-01-2024 3/3 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 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, Samastipur in connection with Samastipur (Mufassil) P.S Case No. 432, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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