Surendra Prasad Alias Surendr Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82366 of 2024 Arising Out of PS. Case No.-634 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Surendra Prasad alias Surendr Yadav S/O Hanslal Singh @ Haslal Singh Resident of Village - Rasula (Rasulla), P.O. - Paigambarpur, P.S. - Jehanabad, District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Sunil For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Mohania P.S. Case No. 634 of 2023 dated 04.09.2023 registered for the offences punishable u/s 414 of the Indian Penal Code and u/ss 30(a) and 47 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 201.9 litres of illicit foreign liquor was recovered from Bolero pick-up van.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is the owner of the said
Patna High Court CR. MISC. No.82366 of 2024(2) dt.21-02-2025 2/3 vehicle but the said vehicle was being driven by the co-accused, Nitesh Kumar at the time of the alleged occurrence. No incriminating article 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 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like
Patna High Court CR. MISC. No.82366 of 2024(2) dt.21-02-2025 3/3 amount each to the satisfaction of the learned court concerned, Kaimur at Bhabua in connection with Mohania P.S. Case No. 634/2023, 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) atul/- U T