Radhesyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18196 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== 1.

RADHESYAM YADAV Son of Raj Kumar Yadav Resident of VillageBichhiaon, P.S.-Sandesh, District-Bhojpur 2.

SHIV SHANKAR YADAV Son of Late Moti Yadav Resident of VillageBichhiaon, P.S.-Sandesh, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The Petitioners are apprehending their arrest in connection with Sandesh P.S. Case No. 274 of 2023 dated 13.11.2023 of the offences punishable u/s sections 30(a) of the Bihar Prohibition and Excise Act 2022.

3. As per the prosecution case, total 29 litres of illicit country made liquor was recovered from the field.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and has falsely been implicated in this case. The petitioners have no criminal case as stated in para 3 of the bail petition. The name of the petitioners was

Patna High Court CR. MISC. No.18196 of 2024(2) dt.18-03-2024 2/3 disclosed by the local chaukidar. The recovery has been made from an open place which is accessible to anyone. No incriminating article has been recovered from the conscious possession of the petitioners, hence no case is made out. 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 petitioners 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 petitioners, let the above named petitioners, in the event of thier arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.18196 of 2024(2) dt.18-03-2024 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara, in connection with Sandesh P.S. Case No. 274 of 2023 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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