Uday Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Uday Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within six weeks, on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Nawada, subject to conditions under section 438(2), Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, apprehending arrest in Parnadabar P.S. Case No. 196 of 2023 dated 25.07.2023 for offences punishable u/s 30(a), 41 of the Bihar Prohibition and Excise Act, may be enlarged on anticipatory bail notwithstanding the claimed applicability of the bar under Section 76(2) of the Act.

Court's answer

Considering the facts, circumstances and material on record, the petitioner, in the event of his arrest/surrender within six weeks, is to 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 court concerned, Nawada, in connection with Parandabar P.S. Case No. 196 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Patna HC, CR. MISC. No.6518 of 2024 (Oral Order dt.17-02-2024), Chandra Prakash Singh, J: Anticipatory bail application of Uday Prasad (s/o Jagdish Prasad, village bhitiya, P.S. Parnadabar, Nawada), apprehending arrest in Parandabar P.S. Case No. 196 of 2023 (dt.25.07.2023) for offences punishable u/s 30(a), 41 of the Bihar Prohibition and Excise Act. Prosecution case: recovery of 800 liters of mahua solution and 20 liters of illicit country-made liquor near Bhavani river, destroyed by police. Per counsel, petitioner innocent and falsely implicated, recovery not from his conscious possession, his name transpired in the confessional statements of coaccused Narendra Prasad and Chhotan Yadav, and he has three criminal antecedents; counsel relied on the Full Bench judgment in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (applications for anticipatory bail under the Excise Act maintainable despite the bar of S.76(2) where, per the FIR allegations, no offence under the provision is made out); the A.P.P. opposed, asserting the S.76(2) bar applies. Court, weighing the facts and material on record, directed enlargement on anticipatory bail upon arrest/surrender within six weeks, on a bail-bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the court concerned, Nawada, subject to s.438(2) CrPC conditions; application stands allowed.