Allowed

Upendra Bhagat v. the State of Bihar

Patna HC5 Apr 2024CR. MISC./22980/2024

Case brief

AI extract

What is this about?

This craninal miscellaneous petition sought anticipatory bail for the petitioner from the Bihar Prohibition and Excise Act. The court permitted anticipatory bail conditioned on arrest within six weeks, holding that Section 76(2)'s bar does not apply if no offence is made out.

What did the court decide?

Enlargement on anticipatory bail on furnishing a bond of Rs. 20,000 with two sureties within six weeks of today.

Upendra Bhagat Vs the State of Bihar — Cheque Dishonour | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22980 of 2024

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Arising Out of PS. Case No.-168 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.

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District- Patna

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====================================================== UPENDRA BHAGAT SON OF GORAKH BHAGAT RESIDENT OF VILLAGE - PIRDAMADIYA, POLICE STATION - MALSALAMI, DISTRICT - PATNA

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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.Jay Ram Prasad For the Opposite Party/s : Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 05-04-2024

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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 arrest in connection with P.R. Alamganj Excise P.S. Case No. 168/2019 dated 25.08.2019 for the offences punishable under Sections 30(a)/41(1)/41(2) of the Bihar Prohibition and Excise Act.

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As per prosecution case, total 100 litres of illicit country made liquor was recovered from the possession of coaccused (Munna Choudhary) & Shivpujan Kumar while sitting in the tempo.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

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Patna High Court CR. MISC. No.22980 of 2024(2) dt.05-04-2024 2/3

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this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner surfaced in this case because he is the registered owner of the seized tempo but the same was not being driven by the petitioner at the time of alleged recovery. 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.

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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.

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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

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Patna High Court CR. MISC. No.22980 of 2024(2) dt.05-04-2024 3/3

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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, Patna in connection with P.R. Alamganj Excise P.S. Case No. 168/2019, 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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Ranjeet/-

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U T

Upendra Bhagat v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Upendra Bhagat v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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