Patna High CourtCR. MISC./44595/2024bail granted

Chandrashekhar Yadav v. The State Of Bihar

2024-09-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44595 of 2024 Arising Out of PS. Case No.-298 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Chandrashekhar Yadav Son of Liladhar Yadav Resident of Village- Arer Sinuwara, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashad, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-09-2024 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 Harlakhi P.S. Case No. 298 of 2023 dated 09.11.2023 corresponding to G.R. No. 1642 of 2023 registered for the offences punishable u/ss 272, 273 read with Section 34 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 285 litres of illicit country made liquor was recovered from the three motorcycles out of which 90 litres of illicit country made liquor was recovered from the petitioner's motorcycle.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.44595 of 2024(2) dt.06-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. 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 no criminal antecedent as stated in para 3 of the bail petition. The co-accused has been granted regular bail by this Court vide order dated 04.07.2024 passed in Cr. Misc. No. 38688 of 2024. 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

Patna High Court CR. MISC. No.44595 of 2024(2) dt.06-09-2024 3/3 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, Madhubani in connection with Harlakhi P.S. Case No. 298 of 2023, 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