Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80519 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== ANIL YADAV SON OF SUKHDEV YADAV R/O VILLAGE - MAGHI, P.S.- LAXMIPUR, DITRICT- JAMUI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Laxmipur P.S. Case No. 100 of 2023 dated 09.03.2023 for the offences punishable u/ss 272 and 273 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 1.5 litres mahua wine was recovered from the dicky of the motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The said vehicle was not registered in the name of
Patna High Court CR. MISC. No.80519 of 2023(2) dt.10-01-2024 2/3 the petitioner and the said vehicle was not being driven by the petitioner at the time of alleged recovery. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner, 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.
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 nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.80519 of 2023(2) dt.10-01-2024 3/3 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, Jamui in connection with Laxmipur P.S. Case No. 100 of 2023, 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) Gautam/- U T