Allowed¶25

Dinanath v. the State of Bihar

Patna HC19 Feb 2024CR. MISC./6047/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Section 438(2) Code of Criminal Procedure; Section 76(2) bar; Section 30(a) Bihar Prohibition and Excise Act, 2016; Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (Full Bench, Patna High Court); Basantpur (Lakri Nabiganj O.P.) P.S. Case No. 398 of 2023, District Siwan; 360 ml India made foreign liquor recovered from Scorpio; bail-bond Rs. 20,000 with two sureties; Dinanath v. State of Bihar; CRIMINAL MISCELLANEOUS No.6047 of 2024; Justice Chandra Prakash Singh; decision dated 19-02-2024.

What did the court decide?

Anticipatory bail: petitioner to be enlarged upon arrest/surrender within six weeks, on furnishing bail-bond of Rs. 20,000 with two sureties of like amount each, to the satisfaction of the learned court concerned, Siwan, subject to conditions under Section 438(2) CrPC. ¶25

Dinanath Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6047 of 2024

¶2

Arising Out of PS. Case No.-398 Year-2023 Thana- BASANTPUR District- Siwan

¶3

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

¶4

Dinanath Son Of Late Chandeshwar Sah Resident Of Village - Gangapur, Police Station - Siswan, District - Siwan

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr. Ram Naresh Ray, APP.

¶11

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

¶12

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶13

ORAL ORDER

¶14

2 19-02-2024

¶15

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

¶16

The petitioner is apprehending his arrest in a case in connection with Basantpur (Lakri Nabiganj O.P.) P.S. Case No. 398 of 2023 dated 03.08.2023 for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2016.

¶17

As per the prosecution case, total 360 ml of India made foreign liquor was recovered from the Scorpio.

¶18

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 the owner of the said vehicle. The said vehicle was not being driven

¶19

Patna High Court CR. MISC. No.6047 of 2024(2) dt.19-02-2024 2/3

¶20

by the petitioner at the time of the alleged occurrence. The petitioner has no concern with the alleged recovery. The petitioner is not named in the FIR. The name of the petitioner has transpired merely on suspicion. 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.

¶21

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.

¶22

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

¶23

Patna High Court CR. MISC. No.6047 of 2024(2) dt.19-02-2024 3/3

¶24

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, Siwan in connection with Basantpur (Lakri Nabiganj O.P.) P.S. Case No. 398 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

¶25

The application stands allowed.

¶26

(Chandra Prakash Singh, J)

¶27

annpurna/-

¶28

U T

Dinanath v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Dinanath v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Uday Prasad Vs The State of Bihar

Navin Kumar @ Navin Chaudhary Vs The State of Bihar

Shyam Kumar Vs The State of Bihar

Sohan Singh Vs State of Bihar

Mukesh Kumar Rai Vs the State of Bihar

Nitish Yadav @ Raitar @ Neetesh Yadav @ Neepesh Yadav Vs the State of Bihar