Sanjeev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27456 of 2024 Arising Out of PS. Case No.-1261 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Sanjeev Yadav S/O Nageshwar Yadav R/O Ward No. 10, Kapasia, P.SPatarghat, Distt.- Saharsa. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Chandra, Adv.
For the Opposite Party/s :
Ms. Asha Devi, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Kahalgaon (Ghogha) P.S. Case No. 1261 of 2023 dated 05.11.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 132.12 litres of illicit foreign liquor was recovered from the car and 39.03 liters of foreign liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of the said vehicle. The said vehicle was not being driven by the petitioner at the time of
Patna High Court CR. MISC. No.27456 of 2024(2) dt.27-06-2024 2/3 the alleged occurrence. The name of the petitioner has transpired because he is the owner of the seized car. The petitioner has no concern with the alleged recovery. The coaccused has already been granted anticipatory bail vide order dated 22.02.2024 passed in Cr. Misc. No. 8748 of 2024 by this Bench. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. 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 record, let the
Patna High Court CR. MISC. No.27456 of 2024(2) dt.27-06-2024 3/3 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, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 1261 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) annpurna/- U T