Bhogendra Yadav @ Bhogendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30190 of 2024 Arising Out of PS. Case No.-146 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Bhogendra Yadav @ Bhogendra Kumar Yadav Son of Ramashish Yadav Resident of Village- Kataiya, Police Station- Basopatti, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Basopatti P.S. Case No. 146 of 2023, (G.R. No. 980/2023) dated 22.06.2023 for the offences punishable under Sections 272 and 273 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 90 litres of illicit Nepali liquor kept in a bag 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 has no criminal antecedent as stated in para 3 of the bail petition. The apprehended co-accused person
Patna High Court CR. MISC. No.30190 of 2024(2) dt.23-04-2024 2/3 disclosed the name of the petitioner due to previous enmity. The petitioner is neither the owner nor the driver of the seized motorcycle. Nothing has been recovered from the conscious possession of the petitioner, hence 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 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 APP 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 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
Patna High Court CR. MISC. No.30190 of 2024(2) dt.23-04-2024 3/3 like amount each to the satisfaction of the learned court concerned, Madhubani in connection with Basopatti P.S. Case No. 146 of 2023, (G.R. No. 980/2023), 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) Ranjeet/- U T