Shankar Kora v. The State of Bihar Bihar

Mantu Kora Son of Shiva Kora @ Siya Sharan Kora @ Shiv Kora R/o vill - Pachhiyari tola, Shri Kishun Korasi, P.s. - Kajra, Distt. - Lakhisarai The State of Bihar Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s

====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr.Sanjeev Kumar Mr.Shailendra Kumar ORAL ORDER 2 27-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Kajra P.S. Case No. 158 of 2023 dated

03.12.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 100 litres of illicit country made liquor was recovered from a plastic sack and the apprehended person disclosed the name of the petitioners and the other co-accused persons.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been Patna High Court CR. MISC. No.10680 of 2024(2) dt.27-02-2024 implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioners has sprung up in the confessional statement of the apprehended co-accused, Kaleshwar Kora. The petitioners have no concern with the alleged recovery. 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 Patna High Court CR. MISC. No.10680 of 2024(2) dt.27-02-2024 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 each to the satisfaction of learned Court concerned, Lakhisarai in connection with Kajra P.S. Case No. 158 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.