Single judge order allowing anticipatory bail in a liquor smuggling case under the Bihar Prohibition and Excise Act, subject to bond conditions and conditions under Section 438(2) CrPC.
Petitioner enlarged on anticipatory bail on furnishing a bond of Rs. 20,000 with two sureties of like amount each to be surrendered within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83169 of 2023
Arising Out of PS. Case No.-159 Year-2023 Thana- JHANJHARPUR District- Madhubani
======================================================
Ameer Nat @ Md. Amir S/O Mumtaz Nat @ Mohammd Mumtaz R/O Village- Islampur Ward No.-16, P.S.- Jhanjharpur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar For the Opposite Party/s : Mr.Md. Fahimuddin ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 19-01-2024
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The Petitioner is apprehending his arrest in connection with Jhanjharpur P.S. Case No. 159 of 2023 dated 28.08.2023 for the offences punishable u/s 272 and 273 of the IPC and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 450 litres of illicit Nepali liquor has been recovered lying beside the roadside near Islampur Gas Godown. Local chowkidar disclosed the name of
Patna High Court CR. MISC. No.83169 of 2023(2) dt.19-01-2024 2/3
the petitioner.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in one more criminal case as stated at para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The recovery is made from an open place which is accessible to anyone. 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.
6. 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.
7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the
Patna High Court CR. MISC. No.83169 of 2023(2) dt.19-01-2024 3/3
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, Jhanjharpur, Madhubani in connection with Jhanjharpur P.S. Case No. 159 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest for offences under the Bihar Prohibition and Excise Act and IPC.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. State of BiharReferred¶19
2019 (2) PLJR 1089
4 provisions across 3 enactments
Ameer Nat @ Md. Amir
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
