Allowed

Abhishek Kumar Ram @ Saif Kumar @ Abhishek Ram v. The State of Bihar

Patna HC13 Sept 2024CR. MISC./46759/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an excise case alleging recovery of 603 litres of illicit country liquor from a vehicle. The court, relying on the Full Bench decision in Ram Vinay Yadav, allowed the application and directed release on anticipatory bail on furnishing bail bonds with sureties.

What did the court decide?

Anticipatory bail on bail-bond of Rs.20,000 with two like sureties, subject to Section 438(2) CrPC conditions.

Abhishek Kumar Ram @ Saif Kumar @ Abhishek Ram Vs The State… — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46759 of 2024

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Arising Out of PS. Case No.-38 Year-2024 Thana- PHULWARIYA District- Gopalganj

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

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Abhishek Kumar Ram @ Saif Kumar @ Abhishek Ram S/O Harendra Ram R/O Village-Gandharpa, P.S.-Nautan,Distt- Siwan

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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 : Mr.Vyas Kumar Mishra, adv. For the Opposite Party/s : Mr.Pushpa Sinha.1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 13-09-2024

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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 Phulwaria P.S. Case No. 38 of 2024 dated 26.01.2024 of 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 603 litres of illicit country made liquor was recovered from the middle seat and dicky of the Brezza Car.

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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 not the owner of the

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Patna High Court CR. MISC. No.46759 of 2024(2) dt.13-09-2024 2/3

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seized vehicle and the same was not being driven by him at the time of the alleged recovery. The name of the petitioner has transpired in this case only on the basis of the suspicion. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The coaccused person has already been granted anticipatory bail by this court vide order dated 23.04.2024 passed in Cr. Misc. No. 29748 of 2024. 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 nature of allegation against the

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Patna High Court CR. MISC. No.46759 of 2024(2) dt.13-09-2024 3/3

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petitioner, 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/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Phulwaria P.S. Case No. 38 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7. This application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Abhishek Kumar Ram @ Saif Kumar @ Abhishek Ram v. The State of Bihar

Case brief

What is this about?

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Abhishek Kumar Ram @ Saif Kumar @ Abhishek Ram v. The State of Bihar

Case brief

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What did the court decide?

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