Allowed¶22

Shyam Kumar v. The State of Bihar

Patna HC17 Feb 2024CR. MISC./7045/2024

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.7045 of 2024, decided 17-02-2024 by Chandra Prakash Singh, J. Anticipatory bail granted in Wazirganj P.S. Case No. 366 of 2023 (Gaya) u/S. 30(a) Bihar Prohibition and Excise Act; 71.25 litres illicit foreign liquor recovered from Tempo owned by petitioner; S. 76(2) bar contention raised by State; Full Bench precedent Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 relied upon; bail-bond Rs. 20,000/- with two sureties; conditions u/S. 438(2) CrPC.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail in the event of 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, Gaya, subject to conditions under section 438(2) CrPC. ¶22

Shyam Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7045 of 2024

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Arising Out of PS. Case No.-366 Year-2023 Thana- WAJIRGANJ District- Gaya

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

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Shyam Kumar Son of Khelawan Saw @ Ram Khelawan Saw R/o New Area Nutan Nagar, P.S. - Civil Lane, Gaya, Distt. - Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar, BIhar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar, Adv. For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 17-02-2024

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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 Wazirganj P.S. Case No. 366 of 2023 dated 19.06.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 71.25 litres of illicit foreign liquor was recovered from the Tempo.

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

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Patna High Court CR. MISC. No.7045 of 2024(2) dt.17-02-2024 2/3

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by the petitioner at the time of the alleged occurrence. The petitioner has no concern with the alleged recovery. 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/-

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Patna High Court CR. MISC. No.7045 of 2024(2) dt.17-02-2024 3/3

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(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Wazirganj P.S. Case No. 366 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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guddukr/-

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U T

Shyam Kumar v. The State of Bihar

Case brief

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Shyam Kumar v. The State of Bihar

Case brief

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