Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: enlargement upon arrest/surrender within six weeks from 23-08-2024, on a bail-bond of Rs. 20,000/- each with two sureties of the like amount each, to the satisfaction of the court concerned, Nawada, in connection with Warsaliganj P.S. Case No. 652 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Warsaliganj P.S. Case No. 652 of 2023 dated 29.12.2023 (offences punishable u/ss 30(a), 30(c) and 41 of the Bihar Prohibition and Excise Act), should be enlarged on anticipatory bail. +1 more

Court's answer

This court enlarged the above-named petitioners on anticipatory bail: in the event of their arrest or surrender within six weeks from the date of the order, on furnishing a bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each, to the satisfaction of the court concerned at Nawada, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

Notwithstanding the learned A.P.P.'s contention that the bar of Section 76(2) of the Act applied, the court allowed the application and granted anticipatory bail after considering the facts, circumstances and material on record; the judgment nowhere expressly adjudicates the validity or applicability of the Section 76(2) bar, and the grant implies the court did not treat the bar as blocking the prayer (consistent with counsel's argument, drawn from the Full Bench verdict in Ram Vinay Yadav, that no offence under the relevant provisions was made out on the FIR allegations).

Detailed headnote1 paragraphs

PATNA HIGH COURT (Cr. Misc. No.39530 of 2024, oral order dated 23-08-2024, Justice Chandra Prakash Singh) - Anticipatory bail granted notwithstanding Section 76(2)-bar considerations: Nitish Kumar (s/o Biru Yadav @ Upendra Yadav) and Nitish Kumar @ Nitish Yadav (s/o Dhirendra Yadav), apprehending arrest in connection with Warsaliganj P.S. Case No. 652 of 2023 dated 29.12.2023, District Nawada, for offences punishable u/ss 30(a), 30 (c) and 41 of the Bihar Prohibition and Excise Act, following alleged recovery near a water canal of 22 litres of illicit country-made liquor, 1800 litres of fermented jawa mahua and liquor-making apparatus. Counsel (Sheo Kumar Prasad) pleaded innocence, open-place recovery accessible to anyone, disclosure of names by the local Chowkidar out of previous enmity, no incriminating material from the petitioners' conscious possession and clean antecedents, and relied on the Full Bench verdict in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (anticipatory-bail applications under the Bihar Excise and Prohibition Act maintainable despite the bar under Section 76 (2) where the FIR allegations make out no offence under the said provision); a similarly situated co-accused had been granted anticipatory bail vide order dated 18.04.2024 in Cr. Misc No. 27792 of 2024. Learned A.P.P. Braj Kishore Pd. opposed, submitting that the bar of Section 76(2) applied. Considering the facts, circumstances and material on record, the court directed that on arrest/surrender within six weeks the petitioners be enlarged on anticipatory bail on bail-bonds of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each, to the satisfaction of the court concerned, Nawada, subject to section 438(2) CrPC conditions. Application allowed.