Allowed

Amar Kumar v. The State of Bihar

Patna HC23 Feb 2024CR. MISC./9898/2024

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner facing charges under the Bihar Prohibition and Excise Act for possession of illicit liquor. The court allowed the prayer despite the statutory bar, relying on a Full Bench precedent, subject to conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted on furnishing a bond of Rs. 20,000 with two sureties of like amount each, subject to conditions under Section 438(2) CrPC.

Amar Kumar 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.9898 of 2024

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Arising Out of PS. Case No.-860 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur

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

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Amar Kumar Son of Devendra Mandal Resident of Village- Raghopur, P.S.Parbatta, District- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Jha, Adv. For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 23-02-2024

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in a case in

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connection with Kotwali (Barari) P.S. Case No. 860 of 2023 dated 14.09.2023 for the offences punishable u/s 30(a), 32(i)(ii), 41 of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 159.39 litres of illicit liquor was recovered from the Scorpio.

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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 was the owner of the seized vehicle but the seized vehicle was already

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Patna High Court CR. MISC. No.9898 of 2024(2) dt.23-02-2024 2/3

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sold to one Pawan Kumar. The petitioner has no concern with the alleged recovery or the seized vehicle. The name of the petitioner was disclosed in this case by local people due to confusion. The petitioner has no 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

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Patna High Court CR. MISC. No.9898 of 2024(2) dt.23-02-2024 3/3

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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, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 860 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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annpurna/-

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U T

Amar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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