Allowed¶22

Vikash Kumar v. The State of Bihar

Patna HC21 Feb 2024CR. MISC./12681/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Bihar Prohibition and Excise Act, 2018 - Sections 30(a), 41(i), 41(ii); Section 76(2) statutory bar; Ram Vinay Yadav v. State of Bihar 2019 (2) PLJR 1089 (Patna High Court Full Bench); Simri P.S. Case No. 278 of 2023, Darbhanga; 879.03 litres illicit foreign liquor; confessional statement of co-accused Amresh Rai; co-accused Nanki Roy; one criminal antecedent; bail bond Rs. 20,000 with two like sureties; section 438(2) CrPC; CR. MISC. No.12681 of 2024; Justice Chandra Prakash Singh; order dated 21-02-2024.

What did the court decide?

Enlargement on anticipatory bail upon arrest/surrender within six weeks, on a bail-bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned court concerned, Darbhanga, subject to conditions under section 438(2) CrPC. ¶22

Vikash 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 anticipatory bail application can be maintained/entertained notwithstanding the bar under Section 76(2) of the Bihar Prohibition and Excise Act, 2018 urged by the State. +1 more

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Ratio / Principle

Considering the facts and circumstances and the material on record, the petitioner is directed 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 with two sureties of the like amount each, to the satisfaction of the learned court concerned, Darbhanga, subject to the conditions laid down under section 438(2) CrPC.

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Key takeaways

The anticipatory bail application stands allowed.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), by order dt. 21-02-2024 in CR. MISC. No.12681 of 2024, allowed the petitioner Vikash Kumar's anticipatory bail application arising out of Simri P.S. Case No. 278 of 2023 (Darbhanga) for offences punishable under Sections 30(a), 41(i) and 41(ii) of the Bihar Prohibition and Excise Act, 2018. Prosecution alleged recovery of 879.03 litres of illicit foreign liquor from a DCM truck, electric scooty, two motorcycles, a Maruti Suzuki car and the 'Varamda' of co-accused Nanki Roy's house; the petitioner, neither owner nor driver, was named in the confessional statement of co-accused Amresh Rai and had one criminal antecedent. Although the State invoked the bar of Section 76(2) of the Act, counsel relied on the Patna High Court Full Bench ruling in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 on maintainability of such applications; the petitioner is to be enlarged on arrest/surrender within six weeks on a Rs. 20,000 bail-bond with two sureties of the like amount each, subject to section 438(2) CrPC conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12681 of 2024

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Arising Out of PS. Case No.-278 Year-2023 Thana- SIMRI District- Darbhanga

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

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Vikash Kumar S/O Chhathu Sahani R/O Village- Sakari, P.S.- Piar, DistrictMuzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv. For the Opposite Party/s : Ms. Sharda Kumari, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 21-02-2024

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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 Simri P.S. Case No. 278 of 2023 dated 29.12.2023 for the offence punishable u/s 30(a), 41(i) and 41(ii) of the Bihar Prohibition and Excise Act, 2018.

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As per the prosecution case, total 879.03 litres of illicit foreign liquor was recovered from one DCM truck, one electric scooty, two motorcycles, one Maruti Suzuki car and Varamda of the house of the co-accused Nanki Roy.

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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.12681 of 2024(2) dt.21-02-2024 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 recovery was made from the house of the coaccused. The petitioner has no concern with the alleged recovery or the place of occurrence. The name of the petitioner has transpired in the confessional statement of the co-accused Amresh Rai. The petitioner has one criminal antecedent 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 case.

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Patna High Court CR. MISC. No.12681 of 2024(2) dt.21-02-2024 3/3

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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 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, Darbhanga in connection with Simri P.S. Case No. 278 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

Vikash Kumar v. The State of Bihar

Case brief

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Vikash Kumar v. The State of Bihar

Case brief

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