Allowed

Jairam Kumar Mukhiya v. The State of Bihar

Patna HC24 Apr 2024CR. MISC./31083/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an excise case where illicit liquor was allegedly recovered from the petitioner's motorcycle. Relying on the Patna High Court Full Bench ruling that Section 76(2)'s bar does not apply when no offence is made out from the FIR allegations, anticipatory bail was granted with conditions.

What did the court decide?

Anticipatory bail granted; petitioner to be released on furnishing bail bond of Rs. 20,000 with two sureties of like amount, subject to Section 438(2) CrPC conditions.

Jairam Kumar Mukhiya 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.31083 of 2024

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Arising Out of PS. Case No.-166 Year-2023 Thana- KARJAIN District- Supaul

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

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Jairam Kumar Mukhiya Son of Raju Mukhiya R/o Village - Bishupur, P.S.Karzain, District - Supaul.

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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 : Mrs.Patla Kumari, Adv. For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 24-04-2024

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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 Karzain P.S. Case No. 166 of 2023 dated 30.11.2023 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 45 litres of illicit Nepali saufi liquor was recovered from the white bag kept on the motorcycle.

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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 no criminal antecedent as stated in para 3 of the bail petition. The petitioner is the owner of the said

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Patna High Court CR. MISC. No.31083 of 2024(2) dt.24-04-2024 2/3

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vehicle but the same was not being driven by the petitioner at the time of the alleged recovery. It is further submitted that the petitioner has no concern with the alleged recovery. 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.31083 of 2024(2) dt.24-04-2024 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, Supaul in connection with Karzain P.S. Case No. 166 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

Jairam Kumar Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jairam Kumar Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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