The Patna High Court granted anticipatory bail to the petitioner in a liquor smuggling case under the Bihar Prohibition and Excise Act, imposing a bond and sureties despite the Section 76(2) bar.
Petitioner enlarged on anticipatory bail on bond of Rs. 20,000 with two sureties of like amount each.
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.9986 of 2024
Arising Out of PS. Case No.-426 Year-2023 Thana- DHAKA District- East Champaran
======================================================
Dharmendra Kumar Son Of Jaleshar Resident Of Village- Bhaluahiya, PsShikarganj, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Ms. Rashmi Jha, Adv. For the Opposite Party/s : Ms. Meena Singh, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 23-02-2024
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.9986 of 2024(2) dt.23-02-2024 2/3
recovery. The name of the petitioner has transpired in this case merely on secret information. The co-accused, Ravi Kumar has already been granted anticipatory bail vide order dated 19.02.2024 passed in Cr. Misc. No. 69140 of 2023 by the Coordinate Bench of this Court. 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.
Patna High Court CR. MISC. No.9986 of 2024(2) dt.23-02-2024 3/3
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, Motihari, East Champaran in connection with Dhaka P.S. Case No. 426 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Chandra Prakash Singh, J)
annpurna/-
U T
2 issues framed by the court
Whether the bar under Section 76(2) of the Bihar Prohibition and Excise Act prevents the grant of anticipatory bail.
Whether the petitioner is entitled to anticipatory bail subject to conditions.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. State of BiharReferred¶19
2019 (2) PLJR 1089
2 provisions across 2 enactments
Dharmendra Kumar
State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
