Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81671 of 2023 Arising Out of PS. Case No.-347 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.
AJAY YADAV S/O GARJU YADAV R/O- MARDWANI, PS. PHULWARIYA, DISTT. GOPALGANJ 2.
SANDEEP YADAV S/O SURESH YADAV R/O- MARDWANI, PS. PHULWARIYA, DISTT. GOPALGANJ ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepankar Raj, Adv.
For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Phulwariya P.S. Case No. 347 of 2023 dated 28.09.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 45 litres of illicit country made liquor was recovered from the gunny bag of the apprehended woman Champa Devi and Asha Devi.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The
Patna High Court CR. MISC. No.81671 of 2023(2) dt.12-01-2024 2/3 petitioner no. 1 has 7 criminal antecedents whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The name of the petitioners was disclosed by the apprehended persons. It is further submitted that the petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners, hence no case is made out. 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.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners 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 nature of allegation against the petitioners, let the above named petitioners, in the event of their
Patna High Court CR. MISC. No.81671 of 2023(2) dt.12-01-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Gopalganj in connection with Phulwariya P.S. Case No. 347 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T