Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1994 of 2024 Arising Out of PS. Case No.-383 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.
Rahul Kumar Son of Rajesh Mahto Village- Sirsa, Purana Tola, P.S.Baikunthpur, District- Gopalganj 2.
Rahul Kumar Alias Lotan Munna Miya Village- Sirsa, Purana Tola, P.S.Baikunthpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachina,Adv.
For the Opposite Party/s :
Mr.Kalyan Shankar,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 a case in connection with Baikunthpur P.S. Case No. 383 of 2023 dated 05.11.2023 registered for the offences punishable u/ss 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 40 litres of illicit country made chulai liquor was recovered from a gallon which was loaded on the motorcycle.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal
Patna High Court CR. MISC. No.1994 of 2024(2) dt.02-02-2024 2/3 antecedent as stated at para 3 of the bail petition. The name of the petitioners was disclosed by local Chokidar. The petitioners are neither the owner nor the driver of the said vehicle and the same was not being driven by the petitioners at the time of 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.
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 petitioners, let the above named petitioners, in the event of their
Patna High Court CR. MISC. No.1994 of 2024(2) dt.02-02-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on 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, Gopalganj in connection with Baikunthpur P.S. Case No. 383 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