Anticipatory bail sought in an excise case after 120 litres of country-made mahua was allegedly recovered from a field behind the petitioner's house. Relying on the Patna High Court Full Bench in Ram Vinay Yadav, the court held the Section 76(2) bar was not attracted and granted anticipatory bail with conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8882 of 2024
Arising Out of PS. Case No.-417 Year-2023 Thana- DIDARGANJ District- Patna
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Ram Swarath Singh S/O Ramdeo Singh Village- Raybag, Kachhidargah, Ps. Didarganj, Dist. Patna.
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Parmeshwar Vishwakarma, Adv. For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 22-02-2024
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Didarganj P.S. Case No. 417 of 2023 dated 13.12.2023 for the offences punishable u/s 30(a) and 36 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 120 litres of country made mahua was recovered from the field situated behind the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has
Patna High Court CR. MISC. No.8882 of 2024(2) dt.22-02-2024 2/3
transpired in this case only on the basis of secret information. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. 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.
5. 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.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.8882 of 2024(2) dt.22-02-2024 3/3
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, Patna City in connection with Didarganj P.S. Case No. 417 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted despite the bar under Section 76(2) of the Bihar Prohibition and Excise Act to a person alleging recovery of liquor from an open place behind his house.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. State of BiharRelied on¶4
2019 (2) PLJR 1089
3 provisions across 2 enactments
Ram Swarath Singh
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
