Pramanand Dhadhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35738 of 2025 Arising Out of PS. Case No.-231 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Pramanand Dhadhi S/O Late Kailash Dhadhi Resident of village - Chhoti Malawan, P.S. - Sarmera, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajnish Kumar, Adv.
For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2025 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 Sarmera P.S. Case No. 231 of 2024 dated 20.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 167 litres of illicit country-made liquor was recovered out of which 118 litres of illicit country-made liquor kept in sacks was recovered from the petitioner and the co-accused persons and 49 litres of illicit country-made liquor kept in sacks was recovered from the coaccused, Jhulum Yadav @ Sukhraj Yadav.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.35738 of 2025(2) dt.25-07-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the local villagers. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has four criminal antecedents 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 04.07.2025 passed in Cr. Misc. No. 26567 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.
Patna High Court CR. MISC. No.35738 of 2025(2) dt.25-07-2025 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, 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 like amount each to the satisfaction of the learned court concerned, Nalanda, Biharsharif in connection with Sarmera P.S. Case No. 231 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S., with a condition:- (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 bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T