Sanjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84751 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.
Sanjeet Kumar S/O Ramsagar Singh R/O Village- Kharuhi, P.S.- Kundwachainpur, Dist.- East Champaran 2.
Chhathu Kumar @ Chhathu Singh Son Of Sonelal Singh R/O VillageKharuhi, P.S.- Kundwachainpur, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
Mr. Hemant Ray, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Kundwachainpur P.S. Case No. 161 of 2023 dated 08.10.2023 registered for the offences punishable u/ss 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 102 litres of illicit Nepali liquor was recovered from the three motorcycles.
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. The name of the petitioners has sprung up in the
Patna High Court CR. MISC. No.84751 of 2023(2) dt.23-01-2024 2/3 confessional statement of the co-accused persons. The petitioners are not the owner of the said motorcycles and the petitioners have no concern with the alleged recovery. Nothing 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 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.
6. 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 bail on furnishing bail-bond of Rs. 20,000/- (Rupees
Patna High Court CR. MISC. No.84751 of 2023(2) dt.23-01-2024 3/3 Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Motihari, East Champaran in connection with Kundwachainpur P.S. Case No. 161 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) Gautam/- U T