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Shankar Kora v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./10680/2024

Case brief

AI extract

What is this about?

Anticipatory bail; CR. MISC. No.10680 of 2024; Patna High Court; Chandra Prakash Singh; Kajra P.S. Case No. 158 of 2023; Lakhisarai; Bihar Prohibition and Excise Act section 30(a); section 76(2) bar; Section 438(2) CrPC conditions; 100 litres illicit country-made liquor; plastic sack recovery; confessional statement of apprehended co-accused Kaleshwar Kora; no criminal antecedent; no recovery from conscious possession; Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 Full Bench; bail-bond Rs. 20,000/- with two like sureties; arrest/surrender within six weeks; application stands allowed.

What did the court decide?

Conditional anticipatory bail: enlargement on bail upon arrest or surrender within six weeks, on a bail-bond of Rs. 20,000/- each with two sureties of the like amount each, subject to conditions under section 438(2) CrPC.

Shankar Kora 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 petitioners, apprehending arrest in Kajra P.S. Case No. 158 of 2023 (registered for offences punishable under section 30(a) of the Bihar Prohibition and Excise Act), can be enlarged on anticipatory bail notwithstanding the bar under section 76(2) of the Act. +1 more

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Court's answer

Considering the facts and circumstances and the nature of allegation, the Court ordered that, in the event of the petitioners' arrest or surrender within six weeks, they 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, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

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Ratio / Principle

The application for anticipatory bail stands allowed.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J) allowed an anticipatory bail application by Shankar Kora and Mantu Kora, who apprehended arrest in Kajra P.S. Case No. 158 of 2023 dated 03.12.2023 (Lakhisarai), registered for offences punishable under section 30(a) of the Bihar Prohibition and Excise Act, wherein 100 litres of illicit country-made liquor was allegedly recovered from a plastic sack and their names surfaced through the disclosure of the apprehended person. Counsel for the petitioners pleaded innocence, absence of criminal antecedent, and no recovery from the petitioners' conscious possession, and relied on the Full Bench decision of the Patna High Court in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089 — recited in the submissions as holding that an anticipatory bail application in a case under the Bihar Excise and Prohibition Act remains maintainable despite the section 76(2) bar where, on the FIR allegations, no offence under that provision is made out. The A.P.P. opposed, submitting that the section 76(2) bar applied. Considering the facts and the nature of allegation, the Court directed that, on arrest or surrender within six weeks, the petitioners be enlarged on bail on a bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each, subject to the conditions under section 438(2) of the Code of Criminal Procedure, and allowed the application. Note: the Court's operative order grants the bail; the Court did not itself restate or expressly analyse the Full Bench holding on the section 76(2) bar in the text.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10680 of 2024

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Arising Out of PS. Case No.-158 Year-2023 Thana- KAJRA District- Lakhisarai

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

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Shankar Kora Son of Late Bhola Kora R/o vill - Pachhiyari tola, Shri Kishun Korasi, P.s. - Kajra, Distt. - Lakhisarai

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Mantu Kora Son of Shiva Kora @ Siya Sharan Kora @ Shiv Kora R/o vill - Pachhiyari tola, Shri Kishun Korasi, P.s. - Kajra, Distt. - Lakhisarai

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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.Sanjeev Kumar For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

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2 27-02-2024

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

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2 . The petitioners are apprehending their arrest in a case in connection with Kajra P.S. Case No. 158 of 2023 dated 03.12.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered from a plastic sack and the apprehended person disclosed the name of the petitioners and the other co-accused persons.

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4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

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Patna High Court CR. MISC. No.10680 of 2024(2) dt.27-02-2024 2/3

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implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioners has sprung up in the confessional statement of the apprehended co-accused, Kaleshwar Kora. The petitioners have no concern with the alleged recovery. 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.

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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.

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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

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Patna High Court CR. MISC. No.10680 of 2024(2) dt.27-02-2024 3/3

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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, Lakhisarai in connection with Kajra P.S. Case No. 158 of 2023, subject to conditions as laid down under Section 438(2) 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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Gautam/-

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U T

Shankar Kora v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shankar Kora v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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