Adya Yadav @ Adya Rai @ Adhiya Rai @ Aadya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12008 of 2025 Arising Out of PS. Case No.-1808 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Adya Yadav @ Adya Rai @ Adhiya Rai @ Aadya Yadav Son of Dipa Rai Resident of Village - Hardiya, P.S. - Raghunathpur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his/her arrest in a case in connection with Excise P.S. Case No. 1808 of 2024 dated 22.10.2024 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 1000 litres of spirit was recovered from the Bolero Pickup van.
4. 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 neither the owner nor the driver of the said vehicle. The name of the
Patna High Court CR. MISC. No.12008 of 2025(2) dt.09-05-2025 2/3 petitioner has transpired on the basis of the confessional statement of the apprehended co-accused persons, namely, Udesh Kumar and Arjun Kumar. The apprehended co-accused person, namely, Udesh Kumar has already been granted regular Bail by this Court vide order dated 18.01.2025 passed in Cr. Misc. No. 87002 of 2024. The petitioner has no concern with the alleged recovery. 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.
5. 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.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.12008 of 2025(2) dt.09-05-2025 3/3 of the case as well as the material available on the record, let the above named petitioner, in the event of his/her arrest/surrender within a period of six weeks from today, be 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, East Champaran in connection with Excise P.S. Case No. 1808 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Chandra Prakash Singh, J) ajay/- U T