This order grants anticipatory bail to the petitioner in a liquor offences case. The High Court held that the statutory bar on bail does not apply, citing prior precedent, and enlarged the petitioner on bail subject to standard conditions.
Anticipatory bail granted on furnishing a bond of Rs. 20,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44511 of 2024
Arising Out of PS. Case No.-234 Year-2023 Thana- ROSERA District- Samastipur
======================================================
Ravindra Kumar son of Ramprit singh Village- Belsandi Tara W.No-7, PsBibhutipur Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Mishra, Adv. For the Opposite Party/s : Ms. Renu Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 06-09-2024
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.44511 of 2024(2) dt.06-09-2024 2/3
but the same was not recovered at the time of alleged occurrence. The petitioner is not named in the FIR. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 12.01.2024 passed in Cr. Misc. No. 81377 of 2023. Learned counsel has submitted that 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 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.
Patna High Court CR. MISC. No.44511 of 2024(2) dt.06-09-2024 3/3
(Chandra Prakash Singh, J)
shivam/-
U T
2 issues framed by the court
Whether the bar of Section 76(2) of the Bihar Prohibition and Excise Act prevents granting anticipatory bail in liquor offence cases.
Whether anticipatory bail can be granted to the petitioner despite his criminal antecedents.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. State of BiharRelied on¶18
Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089
2 provisions across 2 enactments
Ravindra Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
