Awadhesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63673 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Awadhesh Yadav Son Of Bindeshwar Yadav R/O Village- Gamhariya, Bakshi Bigha, P.S.- Kasma, District- Aurangabad (BHAR) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal, Adv.
For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Rafiganj PS Case No. 315 of 2023, dated 22-07-2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2018 .
3. From an abandoned motorcycle 20 liters illicit liquor has been recovered. Ownership of the motorcycle has been traced to the petitioner.
4. It is submitted by the petitioner's counsel that the motorcycle was borrowed by someone and the petitioner has no knowledge about carrying of any illicit liquor on the same. The
Patna High Court CR. MISC. No.63673 of 2023(2) dt.17-10-2023 2/3 petitioner has been implicated falsely on account of his criminal antecedents in Kasma P.S. Case no. 53 of 2016. No case is made out against the petitioner under the Bihar Prohibition and Excise Act.
5. The learned APP for the State has opposed the prayer for anticipatory bail, referring to the provisions contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that pre-arrest bail would not be maintainable.
6. This Court is conscious of decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089. Having regard to the law laid down in the said judgment and the submissions advanced on behalf of the petitioner, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of counsel for the petitioner. Prayer for bail is allowed.
7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge Excise Court No. 01, Aurangabad (Bihar), in connection with Rafiganj PS Case No. 315 of 2023, dated
Patna High Court CR. MISC. No.63673 of 2023(2) dt.17-10-2023 3/3 22-07-2023 ,, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T