Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86397 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- Excise P.S. District- Rohtas ====================================================== Prince Kumar S/o- Satyendra Singh R/o Vill- Dewdhi, P.S- Dawath, DistRohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bikramganj Excise P.S. Case No. 77 of 2023 dated 12.09.2023 for the offences punishable u/ss 30(a), 45 and 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 8.64 litres of illicit liquor was recovered behind the general store of the coaccused, Satyendra Singh who disclosed that his son (petitioner) is involved in illegal business of liquor.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.86397 of 2023(2) dt.29-01-2024 2/3 para 3 of the bail petition. The name of the petitioner has sprung up in the confessional statement of the co-accused, Satyendra Singh. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from the shop of the co-accused. Nothing has been recovered from the conscious possession of the petitioner, hence 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 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 petitioner 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 petitioner, let the above named petitioner, in the event of his

Patna High Court CR. MISC. No.86397 of 2023(2) dt.29-01-2024 3/3 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, Rohtas at Sasaram in connection with Bikramganj Excise P.S. Case No. 77 of 2023, 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) Gautam/- U T