Dular Chand Vs The State of Bihar

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9457 of 2024

¶2

Arising Out of PS. Case No.-436 Year-2023 Thana- SHEKHPURA District- Sheikhpura

¶3

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

¶4

Dular Chand Son of Rajo Bind Resident of village- Kusumbha Beldariya Tola, P. S.- Sheikhpura, District- Sheikhpura

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Nandan Prasad For the Opposite Party/s : Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶9

ORAL ORDER

¶10

2 22-02-2024

¶11

Heard learned counsel for the petitioner and learned

¶12

Additional Public Prosecutor for the State.

¶13

The petitioner is apprehending his arrest in connection with Sheikhpura P.S. Case No. 436 of 2023, dated 12.07.2023 for the offences punishable under Sections 30(a), 41, 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

¶14

As per the prosecution case, total 20 litres desi chulai liquor was recovered from the gallons, near the house of the co-accused & the motorcycle was found parked. Gas cylinder, three aluminum Tasla and one motorcycle were seized from the hut of the co-accused Rajo Bind.

¶15

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

¶16

Patna High Court CR. MISC. No.9457 of 2024(2) dt.22-02-2024 2/3

¶17

para 3 of the bail petition. The name of the petitioner has transpired in the present case because he is owner of the said motorcycle but at the time of the alleged occurrence. The motorcycle was not being driven by the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner, hence 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 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.

¶18

Learned APP 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.

¶19

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

¶20

Patna High Court CR. MISC. No.9457 of 2024(2) dt.22-02-2024 3/3

¶21

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, Sheikhpura in connection with Sheikhpura P.S. Case No. 436 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶22

The application stands allowed.

¶23

(Chandra Prakash Singh, J)

¶24

Ranjeet/-

¶25

U T

Dular Chand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dular Chand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar Vs The State of Bihar

Vikash Kumar Vs The State of Bihar

Md. Altaf Vs The State of Bihar

Raju Mahto @ Raju Kumar Mahto Vs the State of Bihar

Chandan Kumar Vs The State of Bihar

Mobassir Alam @ Bhim Singh Vs The State of Bihar