Vipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 34308 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- RISIYAP District- Aurangabad ====================================================== VIPIN YADAV SON OF PRAN YADAV RESIDENT OF VILLAGE -PAKAHA , PS- AURANGABAD (MUFASSIL) DIST- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner is apprehending his arrest in connection with Risiyap Police Station (for brevity, PS) Case No 49 of 2022 dated 15.05.2022 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 18.300 litres of country made liquor was recovered from a motorcycle.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The recovered motorcycle was not being driven by the petitioner at the time of alleged occurrence. It is further submitted that the

Patna High Court CR. MISC. No.34308 of 2023(2) dt.24-06-2023 2/3 petitioner has one antecedent, as stated at paragraph 3 of the bail petition in which he is on bail. The petitioner is the owner of the said vehicle. No incriminating article has been recovered from the possession of the petitioner, hence no case is made out. Learned counsel has relied on the judgment of Full Bench of of this Court in the case of Ram Vinay Yadav -Versus- 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 the Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the First Information Report, no offence under the said provision is made out. Learned APP appearing for the State of Bihar 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.

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 his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.34308 of 2023(2) dt.24-06-2023 3/3 like amount each to the satisfaction of Special Judge, Excise II, Aurangabad in Risiyap PS Case No 49 of 2022, subject to all conditions as laid down under Section 438 (2) of Criminal Procedure Code.

(Chandra Prakash Singh, J) M.E.H./- U T