Allowed¶23

Deepak Kumar @ Deepak Kamti v. The State of Bihar

Patna HC9 Apr 2024CR. MISC./24608/2024

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.24608 of 2024, decided 09-04-2024, Coram: Chandra Prakash Singh, J. Keywords: anticipatory bail; Bihar Prohibition and Excise Act; Section 76(2) bar; Section 30(a); Section 438(2) Code of Criminal Procedure; illicit foreign liquor; secret information; open place recovery; conscious possession; criminal antecedent; Katra (Jajuar O.P.) P.S. Case No. 319 of 2023; Muzaffarpur; Full Bench Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089; bail-bond Rs. 20,000/-; Deepak Kumar @ Deepak Kamti.

What did the court decide?

Anticipatory bail: petitioner to be enlarged, upon arrest/surrender within six weeks, on bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Muzaffarpur, subject to conditions under section 438(2) CrPC. ¶23

Deepak Kumar @ Deepak Kamti Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Katra (Jajuar O.P.) P.S. Case No. 319 of 2023 under Section 30(a) of the Bihar Prohibition and Excise Act, should be enlarged on anticipatory bail. +1 more

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Court's answer

In the event of the petitioner's arrest or surrender within six weeks, he is to 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 learned court concerned, Muzaffarpur, subject to conditions under section 438(2) of the Code of Criminal Procedure.

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Ratio / Principle

The anticipatory bail application was entertained and allowed notwithstanding the State's contention that the bar of Section 76(2) of the Act applied.

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Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Chandra Prakash Singh, J.). The petitioner, arraigned in Katra (Jajuar O.P.) P.S. Case No. 319 of 2023 dated 26.11.2023 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act after a recovery of 2.250 illicit foreign liquor near a litchi tree, apprehended arrest. His counsel relied on the Full Bench ruling in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, that an anticipatory bail application arising out of the Bihar Excise and Prohibition Act is maintainable despite the bar under Section 76(2) where the FIR allegations do not attract the provision; the learned A.P.P. countered that the Section 76(2) bar applied. Considering the facts, circumstances and material on record, the Court allowed the application: on arrest/surrender within six weeks the petitioner is to furnish a bail-bond of Rs. 20,000/- with two like sureties, subject to the conditions laid down under section 438(2) CrPC, to the satisfaction of the court concerned, Muzaffarpur.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24608 of 2024

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Arising Out of PS. Case No.-319 Year-2023 Thana- KATRA District- Muzaffarpur

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

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Deepak Kumar @ Deepak Kamti son of Mohan Kamti Resident of VillageIndra Bazar, P.S.- Katra (Jajuar O.P.), District- Muzaffarpur

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ravi Ranjan, Adv. For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 09-04-2024

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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 Katra (Jajuar O.P.) P.S. Case No. 319 of 2023 dated 26.11.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 2.250 illicit foreign liquor was recovered near the litchi tree.

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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 one criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has surfaced in this case only on the basis of secret information. It is

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Patna High Court CR. MISC. No.24608 of 2024(2) dt.09-04-2024 2/3

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further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. 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 material available on the record, 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/-

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Patna High Court CR. MISC. No.24608 of 2024(2) dt.09-04-2024 3/3

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(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Katra (Jajuar O.P.) P.S. Case No. 319 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Deepak Kumar @ Deepak Kamti v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar @ Deepak Kamti v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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