Dhannu Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Dhannu Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Both petitioners, upon arrest or surrender within six weeks, to be enlarged on bail on a bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each, to the satisfaction of the learned court concerned, Patna City, Patna, in connection with Alamganj P.S. Case No. 776 of 2020 (Spl. Case No. 7388/2020), subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioners, apprehending arrest in Alamganj P.S. Case No. 776 of 2020 registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, may be granted anticipatory bail notwithstanding the bar under Section 76(2) of the Act. +1 more

Court's answer

On arrest or surrender within six weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each, to the satisfaction of the learned court concerned, Patna City, Patna, in connection with Alamganj P.S. Case No. 776 of 2020 (Spl. Case No. 7388/2020), subject to conditions under Section 438(2) CrPC.

Ratio / Principle

The Criminal Miscellaneous (anticipatory bail) application stands allowed.

Key takeaways

By directing enlargement on bail in respect of Alamganj P.S. Case No. 776 of 2020 (Spl. Case No. 7388/2020) — a case registered under Section 30(a) of the Bihar Prohibition and Excise Act — after hearing counsel invoke the Full Bench ruling in Ram Vinay Yadav on maintainability despite the Section 76(2) bar and the A.P.P.'s contention that the bar applied, the court evidently treated the anticipatory bail application as maintainable notwithstanding that bar.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J), Cr. Misc. No.10281 of 2024, order dt. 26-02-2024: Anticipatory bail application of petitioners Dhannu Ram and Som Ram, apprehending arrest in Alamganj P.S. Case No. 776 of 2020 (Spl. Case No. 7388/2020, FIR dt. 17.12.2020), registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, after total 52 litres of illicit country-made liquor was recovered in front of their house. Counsel for the petitioners submitted they were innocent, had no criminal antecedents, were disclosed by local people, and that nothing was recovered from their conscious possession, the recovery having been made from an open place accessible to anyone; he relied on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, 2019 (2) PLJR 1089, holding that an anticipatory bail application in a case under the Bihar Excise and Prohibition Act can be maintained despite the bar under Section 76(2) if the FIR discloses no such offence. The A.P.P. opposed, submitting that the Section 76(2) bar applied. Considering the facts and the nature of the allegations, the court allowed the application and directed that, on arrest or surrender within six weeks, the petitioners be enlarged on bail on a bail-bond of Rs. 20,000/- each with two sureties of like amount, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10281 of 2024

Arising Out of PS. Case No.-776 Year-2020 Thana- ALAMGANJ District- Patna

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

Dhannu Ram S/o Late Bablu Ram @ Bullu Ram @ Damma Ram R/o - Meena Bazar, Dom Khana, P.S. - Alamganj, Dist. - Patna

Som Ram S/o Chhote Ram @ Damma Ram R/o - Meena Bazar, Dom Khana, P.S. - Alamganj, Dist. - Patna

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Nityanand Kumar, Adv. For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

2 26-02-2024

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 Alamganj P.S. Case No. 776 of 2020 (Spl. Case No. 7388/2020) dated 17.12.2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 52 litres of illicit country made liquor was recovered in front of the house of the petitioners.

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.10281 of 2024(2) dt.26-02-2024 2/3

antecedent as stated in para 3 of the bail petition. It is further submitted that the name of the petitioners was diclosed by local people. The petitioners have no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. 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.10281 of 2024(2) dt.26-02-2024 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, Patna City, Patna in connection with Alamganj P.S. Case No. 776 of 2020 (Spl. Case No. 7388/2020), 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/-

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