Rajkishor Yadav @ Rajkishor Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18465 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- PIRO District- Bhojpur ====================================================== 1.
RAJKISHOR YADAV @ RAJKISHOR SINGH Son of Late Mangani Singh Resident of Village-Saneyan, P.S.-Piro, District-Bhojpur. 2.
LAL BABU YADAV @ LAL BABU SINGH Son of Late Mangani Singh Resident of Village-Saneyan, P.S.-Piro, District-Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Navin Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Piro P.S. Case No. 43 of 2024 dated 02.02.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 25 litres of illicit country made liquor was recovered in front of the house of the petitiones.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal
Patna High Court CR. MISC. No.18465 of 2024(2) dt.19-03-2024 2/3 antecedent as stated in para 3 of the bail petition. The name of the petitioners was disclosed by local Chowkidar. The petitioners have no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing 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 material available on the record, let the above named petitioners, in the event of their arrest/surrender
Patna High Court CR. MISC. No.18465 of 2024(2) dt.19-03-2024 3/3 within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bhojpur at Ara in connection with Piro P.S. Case No. 43 of 2024, 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) Gautam/- U T