Nand Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29840 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- SISWAN District- Siwan ====================================================== Nand Kishor Yadav Son of Ramnath yadav village- Gyaspur Mathiya, PS -Siswan District -siwan ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== 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 connection with Siswan P.S. Case No. 60 of 2025 dated 22.02.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 90 litres of illicit country-made liquor kept in two jute sacks was recovered from the Boat.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is not the owner of the seized boat

Patna High Court CR. MISC. No.29840 of 2025(2) dt.11-07-2025 2/3 and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted regular bail by this court vide order dated 23.04.2025 passed in Cr. Misc. No. 24116/2025. 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 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.

Patna High Court CR. MISC. No.29840 of 2025(2) dt.11-07-2025 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Siwan in connection with Siswan P.S. Case No. 60 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T