Allowed

Ranjay Kumar v. The State of Bihar

Patna HC4 Apr 2024CR. MISC./22763/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under the Bihar Prohibition and Excise Act after recovery of large quantities of spirit and liquor from a co-accused's house. The court held Section 76(2)'s bar was not attracted on these allegations and granted pre-arrest bail.

What did the court decide?

Anticipatory bail granted on furnishing bail bond of Rs. 20,000 with two like sureties within six weeks, subject to Section 438(2) CrPC conditions.

Ranjay Kumar 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.22763 of 2024

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Arising Out of PS. Case No.-98 Year-2024 Thana- Excise P.S. District- Aurangabad

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

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Ranjay Kumar SON OF Ram Awadesh Singh VILLAGE -RATNAUR PSJAMHORE DISTRICT- AURANGABAD

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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 : For the Petitioner/s : Mr.Bhaskar Shankar, Adv. For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP ======================================================

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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

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Additional Public Prosecutor for the State.

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The petitioner is apprehending his/her arrest in a case in connection with Excise Case No. 98 of 2024 dated 07.02.2024 for the offence/s punishable u/ss 30(a), 30(c), 30(d), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 455 litres of spirit, 27 litres of country made liquor, 5 litres of caramel liquid, 500 ml. Amonia Sulphate and other articles used in packaging of liquor i.e. empty bottles and wrappers were recovered from the house of the co-accused Ranjeet Kumar.

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Learned counsel for the petitioner has submitted

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Patna High Court CR. MISC. No.22763 of 2024(2) dt.04-04-2024 2/3

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that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The apprehended coaccused person disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no 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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Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the

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Patna High Court CR. MISC. No.22763 of 2024(2) dt.04-04-2024 3/3

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above named petitioner, in the event of his/her 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 Excise Case No. 98 of 2024, subject to conditions as laid down under section 438(2) of the

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Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Ranjay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ranjay Kumar v. The State of Bihar

Case brief

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