Ravindra Kumar Pathak @ Rabindra Kr Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3439 of 2024 Arising Out of PS. Case No.-781 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Ravindra Kumar Pathak @ Rabindra Kr Pathak son of Rajkishor Pathak Village- Neura Ps- Kutumba Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-02-2024 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 781 of 2023, dated 09.10.2023 for the offences punishable under Sections 30(a)/ 30(c)/32(1)/32(3) of the Bihar Prohibition and Excise Amendment Act, 2018 & Sections 2(5)/3/5(Kha)/18 Mahua Flower Rules, 2006.

4. As per the prosecution case, total 30 Kg. of Mahua flower and 1.800 litres of country made liquor have been

Patna High Court CR. MISC. No.3439 of 2024(2) dt.09-02-2024 2/3 recovered from the motorcycle.

5. 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 para 3 of the bail petition. The petitioner is the owner of the said motorcycle but at the time of alleged recovery, the said motorcycle was not being driven by the petitioner. No incriminating material 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.

6. Learned APP 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.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.3439 of 2024(2) dt.09-02-2024 3/3 of the case as well as the nature of allegation against the petitioner, 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, Aurangabad in connection with Excise P.S. Case No. 781 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T