Mantu Kumar Yadav @ Bhuar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75093 of 2023 Arising Out of PS. Case No.-531 Year-2023 Thana- BIHTA District- Patna ====================================================== Mantu Kumar Yadav @ Bhuar Yadav Son Of Sharda Nand Yadav @ Shardanand Singh Resident Of Village - Amhara, P.S. - Bihta, District - Patna ... ... Petitioner/s
Versus
The State Of Bihar, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in a case in connection with Bihta P.S. Case No. 531 of 2023 dated 29.05.2023 for the offence/s punishable u/ss 30(a), 32(i)(ii), 36 , 41(i)(ii) and 62 of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 3496.72 litres of illicit liquor was recovered from a truck and the Mayur Line Hotel.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.75093 of 2023(2) dt.06-12-2023 2/3 that the petitioner has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle. The petitioner has no concern with the alleged recovery. The name of the petitioner has transpired in the confessional statement of the co-accused Vishal Kumar. Similarly situated co-accused persons have already been granted anticipatory bail vide order dated 11.10.2023 passed in Cr. Misc. No. 61641 of 2023. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. 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.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by
Patna High Court CR. MISC. No.75093 of 2023(2) dt.06-12-2023 3/3 submitting that the bar of Section 76(2) of the Act applies in this case.
7. Considering the aforesaid facts and circumstances 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, Patna in connection with Bihta P.S. Case No. 531 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T