Dilkhush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51770 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- LAUKAHI District- Madhubani ====================================================== Dilkhush Yadav S/O Dukhan Yadav R/O Village- Balua, P.S.- Laukahi, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Laukahi P.S. Case No. 36 of 2025 dated 20.02.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 read with Section 3(5) of the B.N.S.

3. As per the prosecution case, total 135 litres of illicit Nepali country made liquor and 48 litres of Nepali beer were recovered from the hut.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.51770 of 2025(3) dt.26-09-2025 2/3 recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got no criminal antecedent as stated at para 3 of the bail petition. 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, 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 Laukahi P.S. Case

Patna High Court CR. MISC. No.51770 of 2025(3) dt.26-09-2025 3/3 No. 36 of 2025, 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) Siddharth Soni/- U T