Jitesh Kumar @ Ruchu v. The State of Bihar BIHAR

Arising Out of PS. Case No.-483 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Surendra singh @ bhikhari singh son of late ganeshi singh resident of village- maudah chatur, ps- harilochanpur sukki, dist- vaishali The State of Bihar BIHAR Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 9177 of 2024 ... ... Opposite Party/s Arising Out of PS. Case No.-483 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Manish Kumar @ Lalu @ Lalu Singh S/O- Surendra Singh @ Bhikhari Singh R/O- Village- Maudah Chatur, P.S.- Harilochanpur Sukki, Dist.- Vaishali Versus THE STATE OF BIHAR BIHAR, PATNA ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 7445 of 2024) Mr.Anish Kumar, Adv. For the Petitioner/s : Mr.Nitya Nand Tiwary, APP For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 8547 of 2024) Mr.Anish Kumar, Adv. For the Petitioner/s : Mr.Md. Matloob Rab, APP For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 9177 of 2024) Mr.Anish Kumar, Adv. For the Petitioner/s : For the Opposite Party/s : Mr.Upendra Kumar, APP ====================================================== Patna High Court CR. MISC. No.7445 of 2024(2) dt.19-02-2024 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 19-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case in connection with Goraul (Kathara O.P.) P.S. Case No. 483 of 2023 dated 14.11.2023 registered for the offences punishable u/s 414 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 774.21 litres of illicit foreign liquor was recovered from the pick-up van and Bathan.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner Jitesh Kumar has no criminal antecedent, the petitioner Surendra Singh has five criminal antecedents and the petitioner Manish Kumar has eight criminal antecedents as stated in para 3 of the bail petition. The name of the petitioners have transpired in this case only on the basis of secret information. The petitioners are neither the owner nor the driver of the said vehicle and the same was not being driven by the petitioners at the time of the alleged recovery. The petitioners have no concern with the alleged recovery rather the Patna High Court CR. MISC. No.7445 of 2024(2) dt.19-02-2024 recovery has been made from the Bathan which is an open place and accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners, hence no case is made out. 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.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners 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 nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount Patna High Court CR. MISC. No.7445 of 2024(2) dt.19-02-2024 each to the satisfaction of learned court concerned, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No. 483 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioners namely, Surendra singh @ bhikhari singh and Manish Kumar @ Lalu @ Lalu Singh are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of their bail bonds.