Allowed

Surendra Das v. the State of Bihar

Patna HC4 Apr 2024CR. MISC./22171/2024

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner under Section 438 CrPC in connection with Tajpur P.S Case No. 40/2024 alleging possession of illicit liquor, allowing the application despite the statutory bar in the Bihar Prohibition and Excise Act.

What did the court decide?

Recourse to anticipatory bail of Rs. 20,000 with two sureties subject to conditions under Section 438(2) CrPC and mandatory appearance before the court below.

Surendra Das 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.22171 of 2024

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Arising Out of PS. Case No.-40 Year-2024 Thana- TAJPUR District- Samastipur

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

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Surendra Das S/O Yugeshwar Das R/O Village- Motipur, P.S- Tajpur, Distt.Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Md. Mushtaque Alam ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 04-04-2024

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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 Tajpur P.S Case No. 40/2024 dated 25.01.2024 for the offences punishable u/ss 30(a) and 41(1)(2) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 650.28 litres of illicit foreign liquor was recovered from the Scorpio.

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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 five criminal antecedents as stated in para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence

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Patna High Court CR. MISC. No.22171 of 2024(2) dt.04-04-2024 2/3

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no case is made out. The petitioner is neither the owner nor the driver of the said vehicle. 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 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 concerned, Samastipur in connection with Tajpur P.S Case No. 40/2024 ,

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Patna High Court CR. MISC. No.22171 of 2024(2) dt.04-04-2024 3/3

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subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-

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(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

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7. This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Surendra Das v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Surendra Das v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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