Bullet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29522 of 2025 Arising Out of PS. Case No.-342 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Bullet Yadav S/O Krishna Yadav Resident of Chhotaki Luhasi, P.S.- Bhore, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vyas Kumar Mishra For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2025 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 Phulwariya P.S. Case No. 342 of 2024 dated 18.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 432 litres of illicit country-made liquor was recovered from the dickey and seat of the Bolero vehicle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle as stated in para-9 of the bail petition. No
Patna High Court CR. MISC. No.29522 of 2025(2) dt.11-07-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has 11 criminal antecedents which is of similar nature as stated in para 3 of the bail petition. The co-accused person has already been granted regular bail by this Court vide order dated 09.04.2025 passed in Cr. Misc. No. 18707 of 2025. 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.29522 of 2025(2) dt.11-07-2025 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, Gopalganj in connection with Phulwariya P.S. Case No. 342 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S., with further conditions:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T