Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41146 of 2024 Arising Out of PS. Case No.-239 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Raj Kumar Yadav Son of Sri Sudama Yadav Resident of Village - Bhaisahi, P.S.- Manjhagarh, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Sager Sharma, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Manjhagarh P.S Case No. 239 of 2022 dated 06.08.2022 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 201.6 litres of Banti Babli country made liquor was recovered from the place of occurrence which was thrown by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The recovery was made from an open place. It is further submitted that the petitioner was not present at the place of occurrence.

Patna High Court CR. MISC. No.41146 of 2024(2) dt.30-08-2024 2/3 The name of the petitioner was disclosed by the local Chowkidar. The petitioner has three criminal antecedents as stated at para 3 of the bail petition. No incriminating article has been recovered from the possession of the petitioner, hence no case is made out. The co-accused has been granted anticipatory bail by this Court vide order dated 05.12.2023 passed in Cr. Misc. No. 74784 of 2023. 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

Patna High Court CR. MISC. No.41146 of 2024(2) dt.30-08-2024 3/3 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 (Bihar) in connection with Manjhagarh P.S. Case No. 239 of 2022, 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) shivam/- U T