Santosh Paswan @ Santosh Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Santosh Paswan @ Santosh Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: upon arrest/surrender within six weeks, release on bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in Vaishali P.S. Case No. 493 of 2023 for offences under Sections 420, 467, 468, 471, 120B IPC and Sections 30(a), 36(i), 41(1) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail notwithstanding the Section 76(2) bar pressed by the State.

Court's answer

If arrested or surrendering within six weeks, the petitioner shall be enlarged on anticipatory bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the court concerned, Vaishali at Hajipur, subject to conditions laid down under Section 438(2) CrPC.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Judicature at Patna, CRIMINAL MISCELLANEOUS No.23845 of 2024, order dated 09-04-2024, Chandra Prakash Singh, J (oral order). Petitioner Santosh Paswan @ Santosh Kumar, apprehending arrest in Vaishali P.S. Case No. 493 of 2023 dated 11.11.2023, charged under Sections 420, 467, 468, 471, 120B IPC and Sections 30(a), 36(i), 41(1) of the Bihar Prohibition and Excise Act; prosecution case of recovery of 804.645 litres of illicit country-made foreign liquor from four vehicles. Counsel's showing: petitioner innocent and falsely implicated; apprehended co-accused named him owing to previous enmity; petitioner not owner of the seized vehicles; recovery from an open place, nothing from his conscious possession; one criminal antecedent, on bail therein. Counsel relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, 2019 (2) PLJR 1089 (anticipatory-bail application arising under the Bihar Excise and Prohibition Act maintainable despite the Section 76(2) bar where, on the FIR allegations, no offence under that provision is made out); the learned APP opposed, invoking the Section 76(2) bar. Considering the facts and the nature of allegations, the court ordered enlargement on anticipatory bail upon arrest/surrender within six weeks on a bail-bond of Rs. 20,000/- with two like sureties, subject to Section 438(2) CrPC conditions; application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23845 of 2024

Arising Out of PS. Case No.-493 Year-2023 Thana- VAISHALI District- Vaishali

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

Santosh Paswan @ Santosh Kumar S/o Banai Paswan @ Ganai Paswan @ Vanai Pasawan @ Vinay Paswan R/o Vill - Subhai, Suhai, P.S. - Vaishali, Dist. - Vaishali at Hajipur

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sachin Kumar For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 09-04-2024

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Vaishali P.S. Case No. 493 of 2023 dated 11.11.2023 for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and u/ss 30(a), 36(i), 41(1) of the Bihar Prohibition and Excise Act.

As per prosecution case, total 804.645 litres of illicit country made foreign liquor was recovered from the four different vehicles.

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

Patna High Court CR. MISC. No.23845 of 2024(2) dt.09-04-2024 2/3

is on bail as stated in para 2 of the supplementary affidavit filed by the petitioner. The apprehended co-accused person disclosed the name of the petitioner due to previous enmity. The petitioner is not the owner of the any seized vehicles. Learned counsel further submitted that the recovery is made from the open place. 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.

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.

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

Patna High Court CR. MISC. No.23845 of 2024(2) dt.09-04-2024 3/3

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, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 493 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J)

Ranjeet/-

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