Allowed

Kallu Kumar @ Abhimanyu Kumar v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./10969/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an excise case after recovery of illicit foreign liquor from a car, with the petitioner named by an apprehended person. Relying on the Full Bench ruling in Ram Vinay Yadav, the court held the Section 76(2) bar inapplicable here and enlarged the petitioner on anticipatory bail.

What did the court decide?

Anticipatory bail granted; petitioner to be enlarged on arrest/surrender within six weeks on bail bond of Rs. 20,000 with two sureties of like amount.

Kallu Kumar @ Abhimanyu Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10969 of 2024

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Arising Out of PS. Case No.-468 Year-2023 Thana- PHULWARIYA District- Gopalganj

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

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Kallu Kumar @ Abhimanyu Kumar S/O Guddu Rajak @ GUDDU BAITHA R/O VILLAGE- RASULPUR, P.S.- LALGANJ, DISTRICT- VAISHALI

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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 :

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For the Petitioner/s : Mr.Shyameshwar Kumar Singh, Adv. For the Opposite Party/s : Mr.Parmanand Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 27-02-2024

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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 Fulwariya P.S. Case No. 468 of 2023 dated 24.12.2023 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 310.830 litres of illicit foreign liquor was recovered from a car.

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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 antecedent as stated in para 3 of the bail petition. The name of the petitioner was disclosed by the apprehended person. The petitioner is neither

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Patna High Court CR. MISC. No.10969 of 2024(2) dt.27-02-2024 2/3

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the owner nor the driver of the said vehicle and the same was not being driven by the petitioner at the time of the alleged recovery. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing 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 petitioner, in the event of his arrest/surrender within a period of six weeks from today, be

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Patna High Court CR. MISC. No.10969 of 2024(2) dt.27-02-2024 3/3

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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, Gopalganj in connection with Fulwariya P.S. Case No. 468 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Kallu Kumar @ Abhimanyu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kallu Kumar @ Abhimanyu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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