Allowed

Golu Kumar v. The State of Bihar

Patna HC24 Jun 2023CR. MISC./21317/2023

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail for alleged offences under the Bihar Prohibition and Excise Act after recovery of foreign liquor from a car. Citing the Full Bench ruling that anticipatory bail applications are maintainable when no offence arises from FIR allegations, the court granted anticipatory bail.

What did the court decide?

Anticipatory bail granted on furnishing bail-bond of Rs. 20,000/- with two sureties, subject to Section 438(2) CrPC conditions and presence before court below.

Golu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21317 of 2023

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Arising Out of PS. Case No.-1178 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur

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====================================================== GOLU KUMAR S/o Vinod Rai R/o Village- Damodarpur Dumari, P.S.Kurhani, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

2 24-06-2023

The State of Bihar ===================	... ... Opposite Part ===================================
Appearance : For the Petitioner/s : For the Opposite Party/s : ===================	Mr. Alok Kumar Alok, Adv. Mr. Ahmad Ali, APP ===================================
CORAM: HONOURABL SINGH	E MR. JUSTICE CHANDRA PRAKASH ORAL ORDER

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... ... Opposite Party/s

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Learned counsel for the petitioner is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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

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The Petitioner is apprehending his arrest in a case in connection with Excise P.S. Case No. 1178 of 2022 dated 22.10.2022 registered for the offences punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 90.600 litres of foreign liquor was recovered from a car.

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Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing

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Patna High Court CR. MISC. No.21317 of 2023(2) dt.24-06-2023 2/3

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has been recovered from the conscious possession of the petitioner, hence no case is made out. The seized car was not being driven by the petitioner at the time of alleged occurrence. The name of the petitioner has sprung up in the confessional statement of the co-accused Dev Balak Rai. The petitioner has no concern with the said recovery. The petitioner has got no criminal antecedents as stated at para 3 of the bail petition. Learned Counsel has relied on the judgement 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.

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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.

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Considering the aforesaid facts and circumstances of the case, as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of

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Patna High Court CR. MISC. No.21317 of 2023(2) dt.24-06-2023 3/3

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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 learned Court concerned, Muzaffarpur in connection with Excise P.S. Case No. 1178 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:-

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The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

Golu Kumar v. The State of Bihar

Case brief

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Golu Kumar v. The State of Bihar

Case brief

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