Manoj Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85187 of 2023 Arising Out of PS. Case No.-545 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Manoj Rajbanshi S/o Chhotan Rajbanshi Village Manaini, P.O Tungi, P.S Wazirganj, District Gaya 2.

Pawan Kumar @ Pawan Rajbanshi Son of Anil Rajbanshi Village Manaini, P.S Wazirganj, District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-01-2024 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 Wazirganj P.S. Case No. 545 of 2023 dated 28.08.2023 registered for the offences punishable u/s 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 20 litres of illicit liquor was recovered from the motorcycle. Local chowkidar disclosed the name of the petitioners.

Patna High Court CR. MISC. No.85187 of 2023(2) dt.24-01-2024 2/3

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in 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. The petitioners are neither the owner nor the driver of the said vehicle. 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 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, in the event of their arrest/surrender within a period

Patna High Court CR. MISC. No.85187 of 2023(2) dt.24-01-2024 3/3 of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Wazirganj P.S. Case No. 545 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

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