Allowed¶22

Sanjay Rai v. the State of Bihar

Patna HC20 Feb 2024CR. MISC./7690/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Bihar Prohibition and Excise Act; Section 30(a); Section 76(2) statutory bar; illicit country liquor recovery; 16.48 litres; Lalganj P.S. Case No. 368 of 2023; Vaishali; Ram Vinay Yadav Full Bench 2019 (2) PLJR 1089; Section 438(2) CrPC conditions; CR. MISC. No.7690 of 2024; Patna High Court.

What did the court decide?

Anticipatory bail granted: petitioner, in the event of arrest/surrender within six weeks, to be enlarged on bail on a bail-bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned court concerned, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 368 of 2023, subject to conditions under Section 438(2) CrPC. ¶22

Sanjay Rai 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.7690 of 2024

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Arising Out of PS. Case No.-368 Year-2023 Thana- LALGANJ District- Vaishali

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====================================================== SANJAY RAI SON OF LATE BAIDHNATH RAI @ BAIJNATH RAI RESIDENT OF VILLAGE - MAANPUR, P.S. - LALGANJ, DISTRICT - VAISHALI

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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.Bela Singh, adv. For the Opposite Party/s : Mrs. Sharda Kumari, APP.

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====================================================== 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 Lalganj P.S. Case No. 368 of 2023 dated 19.10.2023 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 16.48 litres of illicit country made liquor was recovered from the cow shade 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 conscious possession of the petitioner. The recovery was made

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Patna High Court CR. MISC. No.7690 of 2024(2) dt.20-02-2024 2/3

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from an open place that is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has one 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.7690 of 2024(2) dt.20-02-2024 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, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 368 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

Sanjay Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Rai v. the State of Bihar

Case brief

What is this about?

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