Court Allows Bail Despite Statutory Bar, Citing Lack of Conscious Possession and Prior Judicial Precedents
In a significant legal development, the Patna High Court has granted anticipatory bail to Uttam Kumar, who was apprehending arrest in connection with a case involving the recovery of foreign liquor under the Bihar Prohibition and Excise Act, 2016. The judgment, delivered by Justice Rajiv Roy, emphasized that anticipatory bail can be granted if the recovery is not from the conscious possession of the accused, despite the statutory bar under Section 76(2) of the Act.
The case emerged from the seizure of 81.450 liters of foreign liquor from an open field, leading to the filing of an FIR against Kumar. The petitioner argued that the recovery was from an open field and not from his conscious possession. He also referenced a 2019 judgment in Ram Vinay Yadav v. State of Bihar, where the court had allowed anticipatory bail under similar circumstances.
The learned counsel for the petitioner, Mr. Brajesh Verma, asserted that Kumar was implicated due to a previous criminal antecedent. In response, the counsel for the State, Mr. Md. Iftekhar Mahmood, opposed the bail, citing the same antecedent.
After considering the submissions and the prior judgment, Justice Roy decided to extend the privilege of anticipatory bail to Uttam Kumar. However, the bail was granted with several conditions. Kumar is required to deposit Rs. 15,000/- to the District Legal Services Authority for community welfare projects, such as the installation of flower pots in the Khagaria Civil Court Campus.
The court mandated that Kumar must cooperate with the police investigation, regularly appear before the trial court, and avoid tampering with evidence or committing any further criminal offenses. Failure to adhere to these conditions could result in the cancellation of his bail.
This ruling underscores the court's discretion to grant anticipatory bail in cases where the statutory bar may not apply due to specific circumstances, such as lack of conscious possession.
Bottom Line:
Anticipatory bail under Bihar Prohibition and Excise Act can be granted if the recovery is not from the conscious possession of the accused and in light of prior judicial precedents, despite the statutory bar under Section 76(2) of the Act.
Statutory provision(s): Bihar Prohibition and Excise Act, 2016, Section 30(a), Section 76(2), Criminal Procedure Code, 1973, Section 438
Uttam Kumar v. State of Bihar, (Patna) : Law Finder Doc id # 2973714
