Allowed¶23

Dipak Kumar v. The State of Bihar

Patna HC26 Feb 2024CR. MISC./10443/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Bihar Prohibition and Excise Act section 30(a); Section 76(2) bar on anticipatory bail; maintainability of anticipatory bail in excise cases; Nayagaon P.S. Case No. 177 of 2023; District Saran at Chapra; illicit country-made liquor 130 litres; half-made liquor (Kacha Pass) 5000 litres; Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (Patna High Court Full Bench); CRIMINAL MISCELLANEOUS No.10443 of 2024; Chandra Prakash Singh, J.; bail-bond Rs. 20,000 with two sureties; section 438(2) Code of Criminal Procedure; decision dated 26-02-2024.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on arrest/surrender within six weeks on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under section 438(2) of the Code of Criminal Procedure.

Dipak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an application for anticipatory bail in a case under the Bihar Excise and Prohibition Act is maintainable despite the bar under Section 76(2) of the Act. +1 more

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Court's answer

After considering the facts, the material on record and the rival contentions (including the learned A.P.P.'s submission that the bar of Section 76(2) of the Act applied), the court proceeded to grant anticipatory bail, implicitly treating the application as maintainable.

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Ratio / Principle

On arrest or surrender within six weeks, the petitioner is to be enlarged on anticipatory bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Saran at Chapra, in connection with Nayagaon P.S. Case No. 177 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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Key takeaways

The anticipatory bail application stands allowed.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted. Dipak Kumar, apprehending arrest in Nayagaon P.S. Case No. 177 of 2023 (dated 15.10.2023), District Saran, for offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act — wherein the prosecution alleged recovery of 130 litres of illicit country-made liquor and 5000 litres of half-made liquor (Kacha Pass) near the bank of a river — sought anticipatory bail. His counsel urged innocence, absence of any recovery from his conscious possession, recovery from an open place accessible to anyone, and no criminal antecedents, and relied on the Full Bench decision of the Patna High Court in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089, that an anticipatory bail application in a Bihar Excise and Prohibition Act case is maintainable despite the bar under Section 76(2) of the Act where the FIR discloses no offence under that provision. The learned A.P.P. opposed, submitting that the Section 76(2) bar applied. Considering the facts, circumstances and material on record, Chandra Prakash Singh, J. directed that, in the event of arrest/surrender within six weeks, the petitioner be enlarged on anticipatory bail on a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Saran at Chapra, subject to the conditions under section 438(2) of the Code of Criminal Procedure. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10443 of 2024

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Arising Out of PS. Case No.-177 Year-2023 Thana- NAYAGAON District- Saran

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

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Dipak Kumar S/o- Rupan Ray Village- Hasilpur Ps- Nayagaon Dist- Saran at Chapra

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh For the Opposite Party/s : Mr.Shaheen Begum ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 26-02-2024

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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/her arrest in a case in connection with Nayagaon P.S. Case No. 177 of 2023 dated 15.10.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 130 litres of illicit country made liquor and 5000 litres of half made liquor (Kacha Pass) were recovered near the bank of the river.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The recovery was made

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Patna High Court CR. MISC. No.10443 of 2024(2) dt.26-02-2024 2/3

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from an open place that is accessible to anyone. Local people disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. 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 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 material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on

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Patna High Court CR. MISC. No.10443 of 2024(2) dt.26-02-2024 3/3

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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, Saran at Chapra in connection with Nayagaon P.S. Case No. 177 of 2023, 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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guddukr/-

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U T

Dipak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dipak Kumar v. The State of Bihar

Case brief

What is this about?

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