Md. Sadarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16936 of 2025 Arising Out of PS. Case No.-79 Year-2024 Thana- BHIMPUR District- Supaul ====================================================== Md. Sadarul Son of Md. Muslim @ Muslim Nadaf Resident Of Village -Farhi Kujlipur, Koskapur, Ward No 05, P.O.- Khaira, Koskapur, PS- Narpatganj, Distt.- Araria ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2025 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 Bhimpur P.S. Case No. 79 of 2024 dated 23.07.2024 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1377 litres of illicit country made liquor was recovered from the Bolero.

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 the owner of the said vehicle. The said vehicle was not being driven

Patna High Court CR. MISC. No.16936 of 2025(2) dt.20-06-2025 2/3 by the petitioner at the time of the alleged occurrence. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as per supplementary affidavit. 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 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/-

Patna High Court CR. MISC. No.16936 of 2025(2) dt.20-06-2025 3/3 (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Supaul in connection with Bhimpur P.S. Case No. 79 of 2024, subject to conditions as laid down under section 482(2) of the BNS, with further condition/s:- (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 bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T