Kamod Singh @ Kamod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5577 of 2024 Arising Out of PS. Case No.-132 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== Kamod Singh @ Kamod Kumar S/O Ram Pukar Singh Village- Ranjitpur, Ward No. 02, Ps. Punaura, Dist. Sitamarhi-843327. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Riga P.S. Case No. 132 of 2019 dated 07.05.2019 for the offences punishable u/s 272, 273,414/34 of the IPC and u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, total 16.800 litres of Nepali liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither
Patna High Court CR. MISC. No.5577 of 2024(2) dt.16-02-2024 2/3 the owner nor the driver of the said motorcycle. The said motorcycle was not being driven by the petitioner at the time of the alleged occurrence. The recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has identified by local chaukidar. Similarly situated co-accused namely Krishnandan Sahni has been granted anticipatory bail vide order dated 06.12.2019 in Cr. Misc. No. 80141 of 2019 by a co-ordinate bench of this Court. The petitioner has two criminal antecedent of similar nature as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioner.
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 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
Patna High Court CR. MISC. No.5577 of 2024(2) dt.16-02-2024 3/3 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 material available on record, 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 amount each to the satisfaction of the learned court concerned, Sitamarhi in connection with Riga P.S. Case No. 132 of 2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) annpurna/- U T