ARYAN RAJ v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr.Jay Ram Prasad Mr.Kanhiya Kishor ORAL ORDER 2 02-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

#2. The petitioner is apprehending his arrest in connection with Special Case No. 448/2023, arising out of Daniyawan P.S. Case No. 226 of 2022, dated 04.12.2022 for the offences punishable under Sections 30(a)/32 (2) (3) /36/41 (1) (2) of the Bihar Prohibition and Excise Act, 2022.

#3. As per prosecution case, total 259.56 litres of foreign liquor was recovered from a Pick-up Van.

#4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. No incriminating material has been Patna High Court CR. MISC. No.2212 of 2024(2) dt.02-02-2024 recovered from the conscious possession of the petitioner, hence no case is made out against the petitioner. The name of the petitioner has transpired on the basis of confessional statement of co-accused persons. Similarly situated co-accused person namely Ritesh Kumar @ Ritesh Kumar Singh has already been granted anticipatory bail vide order dated 29.04.2023 passed in Cr. Misc. No. 9637/2023. 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.

#5. Learned APP 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.

#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 Patna High Court CR. MISC. No.2212 of 2024(2) dt.02-02-2024 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, Patna City in connection with Special Case No. 448/2023, arising out of Daniyawan P.S. Case No. 226 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

#7. The application stands allowed. (Chandra Prakash Singh, J) Ranjeet/- U T