Allowed¶25

Ravi Shankar @ Raja v. The State of Bihar

Patna HC26 Feb 2024CR. MISC./10613/2024

Case brief

AI extract

What is this about?

Anticipatory bail; section 438 CrPC; Section 76(2) bar; Bihar Prohibition and Excise Amendment Act 2022; sections 30(a); 120 litres illicit country-made liquor; Ara Town P.S. Case No. 957 of 2023; Ara Nagar, Bhojpur; Patna High Court; Cr. Misc. No. 10613 of 2024; decided 26-02-2024; Chandra Prakash Singh, J; Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089 (Full Bench); bail-bond Rs. 20,000 with two sureties; surrender within six weeks; open place recovery; no conscious possession; application allowed.

What did the court decide?

Anticipatory bail: enlargement upon arrest/surrender within six weeks on bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under section 438(2) CrPC, in connection with Ara Town P.S. Case No. 957 of 2023. ¶25

Ravi Shankar @ Raja 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 the petitioner, apprehending arrest in Ara Town P.S. Case No. 957 of 2023 under the Bihar Prohibition and Excise Amendment Act 2022, should be enlarged on anticipatory bail despite the State's invocation of the bar under Section 76(2) of the Act.

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Court's answer

Petitioner, in the event of his arrest or surrender within six weeks, to be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned at Bhojpur, Ara, subject to conditions under section 438(2) CrPC.

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Ratio / Principle

The anticipatory bail application stands allowed.

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Detailed headnote1 paragraphs

ANTICIPATORY BAIL / BIHAR EXCISE ACT BAR (S. 76(2)): Patna High Court (Chandra Prakash Singh, J.), Cr. Misc. No. 10613 of 2024, decided 26-02-2024, granted anticipatory bail to Ravi Shankar @ Raja in Ara Town P.S. Case No. 957 of 2023 dated 28.11.2023 (District Bhojpur), registered for offences punishable u/s sections 30(a) of the Bihar Prohibition and Excise Amendment Act 2022, wherein total 120 litres of illicit country-made liquor was allegedly recovered from a plastic bag. Although the State opposed bail invoking the bar of Section 76(2) of the Act, the Court noted counsel's reliance on the Full Bench ruling in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089 - that an anticipatory bail application in an excise case is maintainable despite the Section 76(2) bar if, on the FIR allegations, no offence under that provision is made out - and, considering the facts and nature of allegation, directed enlargement on bail upon arrest/surrender within six weeks on bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to section 438(2) CrPC conditions. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10613 of 2024

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Arising Out of PS. Case No.-957 Year-2023 Thana- ARA NAGAR District- Bhojpur

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Ravi Shankar @ Raja son of Gouri Shankar Yadav Village- Baluhipur Ps- Ara Nagar Dist- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Priya, Advocate For the Opposite Party/s : Mr. Meena Singh, APP ======================================================

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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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2. The Petitioner is apprehending his arrest in connection with Ara Town P.S. Case No. 957 of 2023 dated 28.11.2023 of the offences punishable u/s sections 30(a) of the Bihar Prohibition and Excise Amendment Act 2022.

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3. As per the prosecution case, total 120 litres of illicit country made liquor was recovered under the plastic bag.

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4. 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 case as stated at para 3 of the bail petition. The name of the petitioner was disclosed by the local villager. The recovery has been made from an open

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Patna High Court CR. MISC. No.10613 of 2024(2) dt.26-02-2024 2/3

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place which is accessible to anyone. No incriminating article has been recovered from the conscious possession of the petitioner, 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.

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5. 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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6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioners, 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,

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Patna High Court CR. MISC. No.10613 of 2024(2) dt.26-02-2024 3/3

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Bhojpur at Ara in connection with Ara Town P.S. Case No. 957 of 2023 subject to conditions as laid down under section 438(2)

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of the Code of Criminal Procedure.

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7. This application stands allowed.

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(Chandra Prakash Singh, J)

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jyoti/-