Arvind Kumar @ Akhilesh Kumar @ Deolal Vs The State of… — Cheating and Forgery | Patna HC (2024)

Arvind Kumar @ Akhilesh Kumar @ Deolal Vs The State of… — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, if arrested or surrendering within six weeks, to be enlarged on furnishing bail-bond of Rs. 20,000/- with two sureties of like amount each, subject to section 438(2) CrPC conditions, in connection with Bhagwanpur P.S. Case No. 140 of 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Bhagwanpur P.S. Case No. 140 of 2023 (offences under the IPC and the Bihar Prohibition and Excise Act), can be granted anticipatory bail notwithstanding the bar under Section 76(2) of the Act. +1 more

Court's answer

Court ordered that the petitioner, in the event of his arrest or surrender within six weeks, be enlarged on anticipatory bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned concerned court at Vaishali in respect of Bhagwanpur P.S. Case No. 140 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure; the application stands allowed.

Detailed headnote1 paragraphs

Patna HC (Justice Chandra Prakash Singh, oral order dt. 15-02-2024): Anticipatory bail ALLOWED to Arvind Kumar @ Akhilesh Kumar @ Deolal apprehending arrest in Vaishali FIR - Bhagwanpur P.S. Case No. 140 of 2023 (dt. 13.06.2023; Ss. 420, 414, 467, 120(B) IPC; Ss. 30(a), 32(i)(ii), 36, 41 Bihar Prohibition and Excise Act; prosecution alleged seizure of 1522.77 litres of foreign liquor from a truck). Counsel pleaded innocence (nothing recovered from conscious possession; petitioner neither owner nor driver; implicated only on secret information; no criminal antecedent per para 3 of bail petition) and invoked the Full Bench ruling of Patna High Court in Ram Vinay Yadav v. State of Bihar, 2019 (2) PLJR 1089 - anticipatory-bail applications in Bihar Excise and Prohibition Act cases remain maintainable despite the S. 76(2) bar where the FIR does not evidence offence under that provision. A.P.P. contended the S. 76(2) bar applies; court, considering the facts and material on record, granted anticipatory bail - Rs. 20,000/- bail bond with two sureties of like amount each, six-week arrest/surrender window, conditions of section 438(2) CrPC imposed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5190 of 2024

Arising Out of PS. Case No.-140 Year-2023 Thana- BHAGWANPUR District- Vaishali

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

Arvind Kumar @ Akhilesh Kumar @ Deolal son of Jagdish Rai VillageWarispur Ps- Bhagwanpur Dist- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ambar Narayan, Adv. For the Opposite Party/s : Mr. Ahmad Ali, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 15-02-2024

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

The petitioner is apprehending his arrest in a case in connection with Bhagwanpur P.S. Case No. 140 of 2023 dated 13.06.2023 for the offences punishable u/s 420, 414, 467 and 120(B) of the IPC and u/s 30(a), 32(i)(ii), 36 and 41 of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 1522.77 litres of foreign liquor was recovered from the truck.

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

Patna High Court CR. MISC. No.5190 of 2024(2) dt.15-02-2024 2/3

the owner nor the driver of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has been made accused in the present case only on secret information. 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.

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.

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

Patna High Court CR. MISC. No.5190 of 2024(2) dt.15-02-2024 3/3

thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Vaishali in connection with Bhagwanpur P.S. Case No. 140 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J)

annpurna/-

U T