Navin Kumar @ Navin Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Navin Kumar @ Navin Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged upon arrest or 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, Samastipur, subject to conditions under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Tajpur P.S. Case No. 562 of 2023 for offences punishable u/s 30(a) and 41(1)(2) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail notwithstanding the bar of Section 76(2) of the Act urged by the State.

Court's answer

The petitioner is to be enlarged on anticipatory bail in the event of arrest/surrender within six weeks, 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, Samastipur, subject to conditions under section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

This application stands allowed.

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 6912 of 2024, High Court of Judicature at Patna, decided 17-02-2024 (Chandra Prakash Singh, J). Anticipatory bail granted to Navin Kumar @ Navin Chaudhary apprehending arrest in Tajpur P.S. Case No. 562 of 2023 dated 29.09.2023 (District Samastipur) for offences punishable u/s 30(a) and 41(1)(2) of the Bihar Prohibition and Excise Act, where the prosecution alleged recovery of 15 litres of illicit foreign liquor from a motorcycle. Counsel for the petitioner submitted he was neither owner nor driver of the vehicle, that nothing was recovered from his conscious possession, and relied on the Full Bench decision in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, that an anticipatory bail application under the Bihar Excise and Prohibition Act is maintainable despite the bar of Section 76(2) where the FIR discloses no such offence; the learned A.P.P. opposed, urging the Section 76(2) bar. The Court enlarged the petitioner upon arrest or surrender within six weeks on bail-bond of Rs. 20,000/- with two sureties of like amount, subject to section 438(2) CrPC conditions; application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6912 of 2024

Arising Out of PS. Case No.-562 Year-2023 Thana- TAJPUR District- Samastipur

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

Navin Kumar @ Navin Chaudhary S/O Late Munshilal Chaudhary VillageLaskara, Ps. Tajpur, Dist. Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mahendra Pratap For the Opposite Party/s : Mr.Umanath Mishra ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 17-02-2024

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

2. The Petitioner is apprehending his arrest in connection with Tajpur P.S. Case No. 562 of 2023 dated 29.09.2023 for the offences punishable u/s 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 15 litres of illicit foreign liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedent as stated at para 3 of the bail petition. The petitioner is neither the owner nor the driver of the said vehicle. No incriminating article has

Patna High Court CR. MISC. No.6912 of 2024(2) dt.17-02-2024 2/3

been recovered from the conscious possession of the petitioner, hence no case is made out. 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.

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.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the 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, Samastipur in connection with Tajpur P.S. Case No. 562 of

Patna High Court CR. MISC. No.6912 of 2024(2) dt.17-02-2024 3/3

2023, subject to conditions as laid down under section 438(2) of

the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J)

atul/-

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