Allowed

Ankit Kumar v. The State of Bihar

Patna HC4 Apr 2025CR. MISC./11747/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought in an excise case involving recovery of illicit liquor from a truck; petitioner claimed false implication, no conscious possession, and relied on the Ram Vinay Yadav Full Bench ruling. Court granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail bond of Rs.20,000 with two like sureties, within six weeks, subject to Section 438(2) CrPC conditions.

Ankit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11747 of 2025

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Arising Out of PS. Case No.-254 Year-2024 Thana- SAKRA District- Muzaffarpur

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

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Ankit Kumar Son of Ranjit Kumar Rai @ Manoj Ray Resident of VillageSabalpur Pachhiyari Tola, P.S.- Sonepur, Distt.- Saran

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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.Sagar Kumar For the Opposite Party/s : Mr.Dashrath Mehta ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 04-04-2025

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2. The Petitioner is apprehending his arrest in connection with Sakra P.S Case No. 254/2024 dated 06.05.2024 for the offences punishable u/s 30(a), 32(1), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 1080 litres of illicit foreign liquor was recovered from truck

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. No incriminating article has been recovered from the conscious

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Patna High Court CR. MISC. No.11747 of 2025(2) dt.04-04-2025 2/3

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possession of the petitioner, hence no case is made out. The apprehended person disclosed the name of the petitioner. As per para. 9 of the bail petition, the petitioner is not the owner of the said truck. 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. The other co-accused person has already been granted anticipatory bail by this court vide order dated 12.07.2024 passed in Cr. Misc. No. 47960/2024.

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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.

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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

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Patna High Court CR. MISC. No.11747 of 2025(2) dt.04-04-2025 3/3

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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, Muzaffarpur in connection with Sakra P.S Case No. 254/2024, subject to conditions as laid down under section 438(2) of the

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Code of Criminal Procedure.

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7. This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Ankit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ankit Kumar v. The State of Bihar

Case brief

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What did the court decide?

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