Pawan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Pawan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Enlargement on anticipatory bail, upon arrest/surrender within six weeks, on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) of the Code of Criminal Procedure, in connection with Ghorasahan P.S. Case No. 214 of 2022 (concerned court: Motihari, East Champaran).

Issue for consideration

Whether anticipatory bail can be granted to the petitioner in a case arising out of the Bihar Prohibition and Excise Act despite the bar under Section 76(2) of the Act. +1 more

Court's answer

The petitioner is to be enlarged on anticipatory bail, in the event of his arrest/surrender within six weeks, on furnishing a bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the concerned court, Motihari, East Champaran, in connection with Ghorasahan P.S. Case No. 214 of 2022, subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

In deciding the bail question, the court considered the facts and circumstances of the case and the nature of the allegation against the petitioner (per counsel: name disclosed by apprehended co-accused; no recovery from his conscious possession).

Key takeaways

Notwithstanding the learned APP's submission that the bar of Section 76(2) of the Act applied, the court proceeded to enlarge the petitioner on anticipatory bail — i.e., on a short inference, the bar was not treated by the court as preventing the grant in this case (consistent with the Full Bench position in Ram Vinay Yadav relied upon by counsel, under which the application is maintainable where no offence is made out from the FIR).ratio¶19
The anticipatory bail application stands allowed.ratio¶23

Detailed headnote1 paragraphs

Patna High Court, CRIMINAL MISCELLANEOUS No.11653 of 2024 (decided 28-02-2024) (Chandra Prakash Singh, J.): Anticipatory bail allowed in a Bihar Prohibition and Excise Act matter. The petitioner, apprehending arrest in Ghorasahan P.S. Case No. 214 of 2022 (dated 01.05.2022) for offences under Sections 30(a) and 41(1) of the Act, sought anticipatory bail; the prosecution case alleged recovery of 152.88 litres of Nepalese liquor from three jute bags kept on a motorcycle. Counsel submitted that the petitioner's name had been disclosed by the apprehended co-accused Vir Bahadur Mahto and that nothing had been recovered from the petitioner's conscious possession, relying on the Full Bench decision in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, under which an anticipatory bail application in an Excise Act case is maintainable despite the Section 76(2) bar where no offence is made out from the FIR. The learned APP opposed, contending the Section 76(2) bar applied. The court nonetheless enlarged the petitioner on anticipatory bail — on arrest/surrender within six weeks — on a bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions of Section 438(2) CrPC, to the satisfaction of the court concerned at Motihari, East Champaran. The application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11653 of 2024

Arising Out of PS. Case No.-214 Year-2022 Thana- GHORASAHAN District- East

Champaran

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

Pawan Kumar S/o Shiv Pujan Mahto R/o vill - Lala Tola Laukhan, P.SGhorasahan, Distt. - East Champaran

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 28-02-2024

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

The petitioner is apprehending his arrest in connection with Ghorasahan P.S. Case No. 214 of 2022, dated 01.05.2022 for the offences punishable under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act.

As per prosecution case, 152.88 litres of Nepalese liquor was recovered from the three jute bags kept on motorcycle.

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

Patna High Court CR. MISC. No.11653 of 2024(2) dt.28-02-2024 2/3

disclosed by the apprehended co-accused Vir Bahadur Mahto. Nothing has been recovered from the conscious possession of the petitioner, hence 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 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.

Learned APP 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.

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 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

Patna High Court CR. MISC. No.11653 of 2024(2) dt.28-02-2024 3/3

concerned, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 214 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J)

Ranjeet/-

U T