Sohan Singh Vs State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 19-02-2024

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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 Awatar Nagar P.S. Case No. 263 of 2020 dated 13.10.2020 for the offence punishable u/s 30, 30(a) and 37 (c) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, 20 litres of illicit country made liquor was recovered from the baramda of the house of the co-accused and 50 liters of illicit foreign liquor was recovered from the motorcycle of the petitioner.

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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

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Patna High Court CR. MISC. No.7369 of 2024(2) dt.19-02-2024 2/3

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conscious possession of the petitioner. The petitioner is the owner of the said motorcycle. The said motorcycle was not being driven by the petitioner at the time of the alleged occurrence. The petitioner has no concern with the alleged recovery. The petitioner has been made accused because he is the owner the motorcycle in question. 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

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Patna High Court CR. MISC. No.7369 of 2024(2) dt.19-02-2024 3/3

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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 thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Awatar Nagar P.S. Case No. 263 of 2020, 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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annpurna/-

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U T

Sohan Singh v. State of Bihar

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Sohan Singh v. State of Bihar

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