Balram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49606 of 2025 Arising Out of PS. Case No.-112 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Balram Yadav S/o Bindi Yadav @ Vindeshwar Yadav Village- Chhitahi, PSAndhramath RS, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2025 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 Andharamath P.S. Case No. 112/2024, corresponding to G.R. No. 479/2024 dated 28.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 272 and 273 read with Section 34 of the IPC.
3. As per the prosecution case, total 141 litres of illicit Nepali country-made liquor was recovered from the four sacks near Ghordah river.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.49606 of 2025(2) dt.08-08-2025 2/3 this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery is from an open place which is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent 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 01.10.2024 passed in Cr. Misc. No. 71076 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.49606 of 2025(2) dt.08-08-2025 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, Jhanjharpur, Madhubani in connection with Andharamath P.S. Case No. 112/2024, 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) shivam/- U T