Saroj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14542 of 2024 Arising Out of PS. Case No.-498 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Saroj Yadav Son of Sahdeo Yadav Resident of vill.-Mastali-chak, P.S.-Obra, Distt.-Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Obra P.S. Case No. 498 of 2023 dated 26.12.2023 for the offences punishable u/ss 30(a), 30(c), 30(d) and 36 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 800 ml of illicit liquor and other articles were recovered near the hut of the coaccused person and the petitioner, Saroj Yadav.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. It is further submitted that the
Patna High Court CR. MISC. No.14542 of 2024(4) dt.03-05-2024 2/3 petitioner has no concern with the alleged recovery rather the recovery has been made from the hut which is in the name of the father of the petitioner. The said hut is without the door. The petitioner has been made accused in this case only because he is the full brother of the co-accused, Manoj Yadav. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The other co-accused person has already been granted bail by this court vide order dated 27.02.2024 passed in Cr. Misc. No. 10317 of 2024. 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 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.14542 of 2024(4) dt.03-05-2024 3/3 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 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, Aurangabad in connection with Obra P.S. Case No. 498 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition:- (i). The petitioner is 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 bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T