Alok Yadav @ Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25711 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Alok Yadav @ Alok Kumar Son Of Awadhesh Kumar Resident Of VillageKuadh, Ward No. 5, Ps- Jaynagar, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with G.R. No. 42/2024 arising out of Jaynagar P.S. Case No. 21/2024 dated 11.01.2024 for the offences punishable u/ss 272, 273, 307, 353 and 224 read with 34 of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 198 litres of illicit Saufi Nepali country-made liquor was recovered from the bag tied with the motorcycle. Further, the petitioner and the coaccused persons holding lathi got the apprehended person released from the custody of police and they caused hindrance
Patna High Court CR. MISC. No.25711 of 2024(2) dt.16-04-2024 2/3 in the discharge of official duties of the police personnel.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The petitioner is a member of the mob. 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 of the case as well as the nature of allegation against the
Patna High Court CR. MISC. No.25711 of 2024(2) dt.16-04-2024 3/3 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, Madhubani in connection with G.R. No. 42/2024 arising out of Jaynagar P.S. Case No. 21/2024, 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) atul/- U T