Sunil Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2589 of 2024 Arising Out of PS. Case No.-151 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== 1.
Sunil Kumar Mahto S/O Satya Narayan Mahto @ Satto R/O VillChatrapatti, P.S- Laukahi, Narhiya, O.P., Distt.- Madhubani. 2.
Sanni Kumar Mahto S/O Satya Narayan Mahto @ Satto R/O VillChatrapatti, P.S- Laukahi, Narhiya, O.P., Distt.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The Petitioners are apprehending their arrest in connection with Laukahi (Narhaiya O.P.) Case No. 151 of 2023 dated 05.06.2023 for the offences punishable u/s 272, 273/34 of the Indian Penal Code along with Sections 30(a) of the Bihar Prohibition and Excise Act 2016.
3. As per the prosecution case, total 95.100 litres of illicit liquor was recovered from the motorcycle.
4. Learned counsel for the petitioners have submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioners have no criminal case stated at para 3
Patna High Court CR. MISC. No.2589 of 2024(2) dt.02-02-2024 2/3 of the bail petition. The petitioners are the owner of the said vehicle and the same was not being driven by him at the time of the alleged recovery. It is further submitted that the petitioners have no concern with the place of the alleged recovery and he is innocent, and his name is transpired only on the basis of suspicion. 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 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
Patna High Court CR. MISC. No.2589 of 2024(2) dt.02-02-2024 3/3 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, Madhubani in connection with Laukahi (Narhaiya O.P.) Case No. 151 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) jyoti/- U T