Suraj Kumar @ Suraj Gupta Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8859 of 2024

Arising Out of PS. Case No.-646 Year-2023 Thana- SAKRA District- Muzaffarpur

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Suraj Kumar @ Suraj Gupta Son of Akal Sah @ Anuth Gupta Resident of Village- Gola Bandh Road, P.S.-Town, Distt.-Muzaffarpur

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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.Anish Kumar, Adv. For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 09-02-2024

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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 Sakra P.S. Case No. 646 of 2023 dated 05.12.2023 for the offence/s punishable u/ss 30(a), 32(i)(ii), 36, 41(i) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 587.52 litres of illicit foreign liquor was recovered from the Pickup vehicle.

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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 neither the owner nor the driver of the said vehicle. The petitioner has

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Patna High Court CR. MISC. No.8859 of 2024(2) dt.09-02-2024 2/3

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no concern with the alleged recovery. The apprehend co-accused person disclosed the name of the petitioner. The petitioner has nine other criminal antecedents 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.8859 of 2024(2) dt.09-02-2024 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, Muzaffarpur in connection with Sakra P.S. Case No. 646 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:-

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(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

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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

Suraj Kumar @ Suraj Gupta v. The State of Bihar

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Suraj Kumar @ Suraj Gupta v. The State of Bihar

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