Dilip Kumar Yadav @ Deelip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58526 of 2025 Arising Out of PS. Case No.-462 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Dilip Kumar Yadav @ Deelip Kumar S/o Kisho Yadav @ Kisho Rai R/o Village - Bibiganj Tamganj, P.S - Narpatganj. District - Araria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== 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/her arrest in a case in connection with Triveniganj P.S. Case No. 462 of 2023 dated 01.12.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 901.8 litres of illicit Nepali liquor was recovered from the Scorpio vehicle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. As per para. 8 of the bail petition, the petitioner is the driver of the said vehicle. The other
Patna High Court CR. MISC. No.58526 of 2025(4) dt.26-09-2025 2/3 co-accused person has been anticipatory granted bail by this court vide order dated 14.03.2024 passed in Cr. Misc. No. 16956/2024. The petitioner has no concern with the alleged recovery. 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. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
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 material available on the record, let the above named petitioner, in the event of his/her arrest/surrender within a period of six weeks from today, be enlarged on
Patna High Court CR. MISC. No.58526 of 2025(4) dt.26-09-2025 3/3 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, Supaul in connection with Triveniganj P.S. Case No. 462 of 2023, 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) atul/- U T