Allowed

Jitendra Rai v. the State of Bihar

Patna HC13 Jan 2023CR. MISC./70879/2022

Case brief

AI extract

What is this about?

In CR. Misc. No. 70879 of 2022, the Patna High Court considered an application for anticipatory bail under Sections 272, 273 of IPC and 30(a) of the Bihar Prohibition and Excise Act. Relying on Ram Vinay Yadav, the Court held that despite the statutory bar, bail was maintainable as no offence was made out against the petitioner. The prayer was allowed granting bail upon surrender within six weeks.

What did the court decide?

Petitioner enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000 with two sureties of the like amount each subject to conditions under Section 438(2) CrPC.

Jitendra Rai Vs the State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70879 of 2022

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Arising Out of PS. Case No.-189 Year-2021 Thana- BHAGWANPUR District- Vaishali

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======================================================

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JITENDRA RAI S/o Umesh Rai R/v- Jadhua, P.S.- Town Hajipur, DistrictVaishali

... ... Petitioner/s

Versus

THE STATE OF BIHAR

===================	... ... Opposite Party/s ===================================
Appearance :
For the Petitioner/s : For the Opposite Party/s :	Mr.Anuj Kumar Mr.Sucheta Yadav
=================== CORAM: HONOURABL SINGH	=================================== E MR. JUSTICE CHANDRA PRAKASH

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ORAL ORDER

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2 13-01-2023

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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 Special Public Prosecutor for the State through videoconferencing.

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The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 272 & 273 of the I.P.C and 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, on seeing the police one person fled away leaving behind the tempo and 110.5 litres country-made liquor was recovered from the said vehicle.

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Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

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Patna High Court CR. MISC. No.70879 of 2022(2) dt.13-01-2023 2/3

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petitioner has no criminal antecedent as stated at para 3 of the bail petition. The petitioner is not named in the F.I.R . Nothing has been recovered from the possession of the petitioner. The petitioner is the second owner of the vehicle. The petitioner was not present at the spot. Learned counsel has submitted that 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.

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Learned S.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 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.

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Patna High Court CR. MISC. No.70879 of 2022(2) dt.13-01-2023 3/3

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20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 189 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Jitendra Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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