Sunil Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.883 of 2024 Arising Out of PS. Case No.-342 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== 1.
Sunil Prasad Rambabu Prasad Village- Uchidih, PS- Harpur O.P., Distt- East Champaran 2.
Sudhir Prasad Village- Uchidih, PS- Harpur O.P., Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-01-2024 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 Adapur (Harpur) P.S. Case No. 342 of 2023 dated 23.11.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 16.500 litres of illicit Nepali Kasturi wine was recovered from the thatched hut.
4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 1 has clean antecedent whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The name of petitioners was disclosed by local
Patna High Court CR. MISC. No.883 of 2024(2) dt.31-01-2024 2/3 Chowkidar. Nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from the thatched hut and the said hut was without door which is accessible to anyone, 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 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
Patna High Court CR. MISC. No.883 of 2024(2) dt.31-01-2024 3/3 each to the satisfaction of learned court concerned, East Champaran, Motihari in connection with Adapur (Harpur) P.S. Case No. 342 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