Allowed

Amar Kumar Singh @ Amar Singh v. The State of Bihar

Patna HC28 Feb 2024CR. MISC./11439/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to petitioners in a case involving illicit liquor possession under the Bihar Prohibition and Excise (Amendment) Act, 2022. Relying on Ram Vinay Yadav, the Court held that the statutory bar under Section 76(2) does not apply if no offence is made out from the FIR allegations. Bail was granted subject to conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted for six weeks with Rs. 20,000 bail bond and two sureties.

Amar Kumar Singh @ Amar Singh 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.11439 of 2024

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Arising Out of PS. Case No.-396 Year-2023 Thana- TEGHRHA District- Begusarai

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

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Amar Kumar Singh @ Amar Singh S/O Fulo Singh R/O VillageMadhurapur, Purwari Tola, Barauni- 02, P.S.- Teghra, District- Begusarai

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Buchcha Singh @ Buchchu Singh Son Of Bake Singh R/O VillageMadhurapur, Purwari Tola, Barauni- 02, P.S.- Teghra, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Yugal Kishore, Adv. For the Opposite Party/s : Mr. Shailendra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 28-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case in connection with Teghra P.S. Case No. 396 of 2023 dated 24.12.2023 for the offences punishable u/s 30(a), 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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As per the prosecution case, total 30 litres of illicit country made liquor, other appratus used for making liquor were recovered from bush near the Ganga river’s Diara.

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Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. No incriminating material has been

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Patna High Court CR. MISC. No.11439 of 2024(2) dt.28-02-2024 2/3

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recovered from the conscious possession of the petitioners. The recovery was made from an open place that is accessible to anyone. Local Chowkidar disclosed the name of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioners. 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 petitioners 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 petitioners, in the event of their arrest/surrender

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Patna High Court CR. MISC. No.11439 of 2024(2) dt.28-02-2024 3/3

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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, Begusarai in connection with Teghra P.S. Case No. 396 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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annpurna/-

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U T

Amar Kumar Singh @ Amar Singh v. The State of Bihar

Case brief

What is this about?

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Amar Kumar Singh @ Amar Singh v. The State of Bihar

Case brief

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What did the court decide?

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