Allowed

Rupesh Pandey @ Rupesh Kumar Pandey v. The State of Bihar

Patna HC5 Apr 2024CR. MISC./22997/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an excise case involving recovery of illicit country liquor. Court relied on Full Bench ruling permitting such applications where no offence under Section 76(2) is made out, and enlarged the petitioner on bail upon arrest or surrender.

What did the court decide?

Petitioner to be enlarged on anticipatory bail on furnishing bail bond of Rs.20,000 with two sureties of like amount within six weeks.

Rupesh Pandey @ Rupesh Kumar Pandey 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.22997 of 2024

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Arising Out of PS. Case No.-180 Year-2023 Thana- RAGHUNATHPUR District- Siwan

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

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Rupesh Pandey @ Rupesh Kumar Pandey S/o Late Shastri Pandey R/o Vill - Kausar, P.S. - Raghunathpur, Dist. - Siwan

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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.Ajay Kumar Tiwary For the Opposite Party/s : Mr.Navin Kumar Pandey ======================================================

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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 Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Raghunathpur P.S. Case No. 180 of 2023 dated 01.08.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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As per prosecution case, total 52.06 litres of illicit country made was recovered from the two bags kept on the motorcycle.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. Local Chaukidar

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Patna High Court CR. MISC. No.22997 of 2024(2) dt.05-04-2024 2/3

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disclosed the name of the petitioner. The petitioner is not the owner of the seized motorcycle. 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 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

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Patna High Court CR. MISC. No.22997 of 2024(2) dt.05-04-2024 3/3

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concerned, Siwan in connection with Raghunathpur P.S. Case No. 180 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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Ranjeet/-

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U T

Rupesh Pandey @ Rupesh Kumar Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rupesh Pandey @ Rupesh Kumar Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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