Gautam Roy v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr. Bimal Kumar, Adv. Mr. Md. Anzarul Haque Sahara, APP. ORAL ORDER 2 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case in connection with Ajamnagar (Salmari O.P.) P.S. Case No. 162 of 2023 dated 13.05.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, total 118.34 litres of illicit foreign liquor was recovered from the car.

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 is the owner of the said vehicle. The said vehicle was not being driven Patna High Court CR. MISC. No.7615 of 2024(2) dt.20-02-2024 by the petitioner at the time of the alleged occurrence. The petitioner has no concern with the alleged recovery. The name of the petitioner has disclosed by the local Chaukidar. 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.

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.

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 Patna High Court CR. MISC. No.7615 of 2024(2) dt.20-02-2024 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, Katihar in connection with Aajamnagar (Salmari O.P.) P.S. Case No. 162 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.