Allowed¶23

Vintesh Singh @ Vintesh Kumar v. The State of Bihar

Anticipatory bail – Bihar Prohibition and Excise Act, 2018

Patna HC28 Feb 2024CR. MISC./11461/2024

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Case brief

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What is this about?

Anticipatory bail; Bihar Prohibition and Excise Act 2018; Section 76(2) bar; Section 438(2) CrPC; illicit foreign liquor recovery (17.28 litres motorcycle; 114.315 litres car); Kasma P.S. Case No. 137 of 2022; Aurangabad; Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (Full Bench, Patna High Court); co-accused Upendra Yadav (Cr. Misc. No. 4274 of 2023, 03.04.2023); criminal antecedents; CR. MISC. No. 11461 of 2024; Chandra Prakash Singh, J.; 28-02-2024.

What did the court decide?

Anticipatory bail granted: enlargement on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each, subject to section 438(2) CrPC conditions, upon arrest/surrender within six weeks, in connection with Kasma P.S. Case No. 137 of 2022 (Aurangabad). ¶23

Vintesh Singh @ Vintesh 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 the petitioner, apprehending arrest in Kasma P.S. Case No. 137 of 2022 under the Bihar Prohibition and Excise Act, 2018, should be enlarged on anticipatory bail, having regard to the bar under Section 76(2) of the Act urged by the State.

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Court's answer

The petitioner, in the event of his arrest/surrender within six weeks, 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, Aurangabad, in connection with Kasma P.S. Case No. 137 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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Detailed headnote1 paragraphs

Anticipatory bail — Bihar Prohibition and Excise Act, 2018 — S. 76(2) bar — Patna High Court, Cr. Misc. No. 11461 of 2024 (Chandra Prakash Singh, J.; oral order dt. 28-02-2024). Petitioner Vintesh Singh @ Vintesh Kumar, apprehending arrest in Kasma P.S. Case No. 137 of 2022 (Aurangabad) u/s 30(a), 32(ii)(iii), 41(i)(ii) of the Act, enlarged on anticipatory bail. Alleged recoveries: 17.28 litres of illicit foreign liquor from a motorcycle and 114.315 litres from a car. Counsel submitted the petitioner is innocent, neither owner nor driver of the vehicles, with no incriminating material recovered from his conscious possession, implication resting on disclosure by an apprehended co-accused; petitioner reported to have two other criminal antecedents. Co-accused Upendra Yadav already granted anticipatory bail (Cr. Misc. No. 4274 of 2023, order dt. 03.04.2023, Co-ordinate Bench). Counsel relied on the Full Bench decision in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (anticipatory bail application maintainable despite the S. 76(2) bar if no offence is made out on the FIR allegations); the A.P.P. opposed, invoking the S. 76(2) bar. Bail terms: Rs. 20,000 bail-bond with two sureties of like amount, subject to S. 438(2) CrPC conditions, arrest/surrender within six weeks. Application stands allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11461 of 2024

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Arising Out of PS. Case No.-137 Year-2022 Thana- KASMA District- Aurangabad

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

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Vintesh Singh @ Vintesh Kumar Son of Sattan Singh @ Shatrughna Singh Resident of Village- Gejana, P.S.- Imamganj, District- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Parmeshwar Vishwakarma, Adv. For the Opposite Party/s : Ms. Anita Kumari, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 28-02-2024

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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 arrest in a case in connection with Kasma P.S. Case No. 137 of 2022 dated 11.10.2022 for the offence punishable u/s 30(a), 32(ii)(iii), 41(i) (ii) of the Bihar Prohibition and Excise Act, 2018.

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As per the prosecution case, total 17.28 litres of illicit foreign liquor was recovered from the motorcycle and 114.315 liters of illicit foreign liquor was recovered from the car.

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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

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Patna High Court CR. MISC. No.11461 of 2024(2) dt.28-02-2024 2/3

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conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicles. The said vehicle was not being driven by the petitioner at the time of the alleged occurrence. The apprehended co-accused person disclosed the name of the petitioner. The co-accused, Upendra Yadav has been granted anticipatory bail vide order dated 03.04.2023 passed in Cr. Misc. No. 4274 of 2023 by a Co-ordinate Bench of this Court. The petitioner has no concern with the alleged recovery. The petitioner has two other criminal antecedents 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

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Patna High Court CR. MISC. No.11461 of 2024(2) dt.28-02-2024 3/3

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case.

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Considering the aforesaid facts and circumstances

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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 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, Aurangabad in connection with Kasma P.S. Case No. 137 of 2022, 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

Vintesh Singh @ Vintesh Kumar v. The State of Bihar

Case brief

What is this about?

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Vintesh Singh @ Vintesh Kumar v. The State of Bihar

Case brief

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