Allowed

Tanweer @ Tanjir @ MD Tanjir v. The State of Bihar

Patna HC20 Feb 2024CR. MISC./7622/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in a case under the Bihar Prohibition and Excise Act, relying on a Full Bench judgment holding that Section 76(2) does not bar bail if the FIR does not disclose an offence under the Act.

What did the court decide?

Anticipatory bail granted subject to conditions under section 438(2) CrPC, with bail bond of Rs. 20,000 and two sureties.

Tanweer @ Tanjir @ MD Tanjir 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.7622 of 2024

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Arising Out of PS. Case No.-264 Year-2023 Thana- KISHANGANJ District- Kishanganj

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

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TANWEER @ TANJIR @ MD TANJIR SON OF MD AFAQUE @ MD AFAQUE ALAM RESIDENT OF VILLAGE- Khagra Karbala ward no. 32 ps- kishanganj District -Kishanganj

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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 ====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 20-02-2024

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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 Kishanganj P.S. Case No. 264 of 2023 dated 24.06.2023 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 40.500 litres of illicit liquor was recovered near the pond.

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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 recovery was made from an open place that is accessible to anyone. The petitioner

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Patna High Court CR. MISC. No.7622 of 2024(2) dt.20-02-2024 2/3

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has no concern with the alleged recovery. The name of the petitioner has transpired in the confessional statement of the coaccused Md Salman. The petitioner has one more 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

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Patna High Court CR. MISC. No.7622 of 2024(2) dt.20-02-2024 3/3

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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, Kishanganj in connection with Kishanganj P.S. Case No. 264 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

Tanweer @ Tanjir @ MD Tanjir v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Tanweer @ Tanjir @ MD Tanjir v. The State of Bihar

Case brief

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What did the court decide?

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