Rajan Kumar Vs the State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5183 of 2024

Arising Out of PS. Case No.-283 Year-2023 Thana- SAMASTIPUR District- Samastipur

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Rajan Kumar Son Of Nand Lal Mahto Resident Of Village - Mohanpur, Police Station - Samastipur Muffasil, District - Samastipur

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... ... Petitioner/S

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Versus

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The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Pratap, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 15-02-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in a case in connection with Samastipur Town P.S. Case No. 283 of 2023 dated 26.10.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 0.9 liters of illicit liquor was recovered the motorcycle.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said motorcycle. The said motorcycle was not being driven by the petitioner at the time of

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Patna High Court CR. MISC. No.5183 of 2024(2) dt.15-02-2024 2/3

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the alleged occurrence. The petitioner has no concern with the alleged recovery. The name of the petitioner has transpired in the confessional statement of the co-accused Pramod Ray. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. 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.

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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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Considering the aforesaid facts and circumstances of the case as well as the material available on 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/- (Rupees twenty

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Patna High Court CR. MISC. No.5183 of 2024(2) dt.15-02-2024 3/3

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thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Samastipur Town P.S. Case No. 283 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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annpurna/-

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U T

Rajan Kumar v. the State of Bihar

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Rajan Kumar v. the State of Bihar

Case brief

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