Allowed¶22

Jitendra Kumar v. The State of Bihar

Patna HC1 Apr 2024CR. MISC./20715/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted — Jitendra Kumar v. State of Bihar, Patna HC Cr. Misc. No. 20715 of 2024, order dt. 01-04-2024 (Chandra Prakash Singh, J). Vishnupad P.S. Case No. 345 of 2023, Gaya; Section 30(a) Bihar Prohibition and Excise Act; 1.875 litres illicit foreign liquor from dickey of two Scooties; Section 76(2) bar pressed by State; counsel relied on Full Bench ruling in Ram Vinay Yadav v. State of Bihar, 2019 (2) PLJR 1089; bail on Rs. 20,000 bond with two like sureties, six-week arrest/surrender window, Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail on arrest/surrender within six weeks, on bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Gaya, subject to conditions under section 438(2) CrPC.

Jitendra 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 Vishnupad P.S. Case No. 345 of 2023 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail. +1 more

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Court's answer

The petitioner, in the event of his arrest or surrender within six weeks, is to be enlarged on anticipatory bail 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 learned court concerned, Gaya, in connection with Vishnupad P.S. Case No. 345 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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Ratio / Principle

The anticipatory bail application stands allowed.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 20715 of 2024 — Jitendra Kumar v. The State of Bihar (Oral Order dated 01-04-2024, Chandra Prakash Singh, J). Anticipatory bail sought in connection with Vishnupad P.S. Case No. 345 of 2023 dated 14.12.2023 (District Gaya) for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act; prosecution case of recovery of 1.875 litres of illicit foreign liquor from the dickey of the two Scooties, the petitioner being owner of one of the vehicles which was not being driven by him at the time of the alleged recovery. Counsel for the petitioner relied on the Full Bench judgment of the Patna High Court in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, to contend that an anticipatory bail application is maintainable despite the bar under Section 76(2) of the Act where the FIR discloses no offence thereunder; the State opposed, urging the Section 76(2) bar. Held: petitioner, if arrested or surrendering within six weeks, to be enlarged on anticipatory bail on 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, Gaya, subject to conditions under section 438(2) of the Code of Criminal Procedure. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20715 of 2024

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Arising Out of PS. Case No.-345 Year-2023 Thana- VISHNUPAD District- Gaya

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

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Jitendra Kumar S/o Cheena Ram R/o Mohalla - Mangla Gauri Chand Chaura, P.S. - Vishnupad, Distt. - Gaya

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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.Vijay Kumar, Adv. For the Opposite Party/s : Mrs.Shaheen Begum, APP

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

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 01-04-2024

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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 Vishnupad P.S. Case No. 345 of 2023 dated 14.12.2023 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 1.875 litres of illicit foreign liquor was recovered from the dickey of the two Scooty.

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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 petitioner is the owner of the one

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Patna High Court CR. MISC. No.20715 of 2024(2) dt.01-04-2024 2/3

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of the said vehicles but 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 material available on the 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/-

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Patna High Court CR. MISC. No.20715 of 2024(2) dt.01-04-2024 3/3

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(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Vishnupad P.S. Case No. 345 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

Jitendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Kumar v. The State of Bihar

Case brief

What is this about?

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