Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84761 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Binod Yadav, aged abuot 40 years, male, Son of Sri Yadav Village Barha Mirchak, P.S.- Bajitpur (O.P.), District Darbhanga. 2.

Ramakant Yadav, aged about 35 years, male, Son of Sri Yadav Village Barha Mirchak, P.S.- Bajitpur (O.P.), District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2024 Learned counsel for the petitioners 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 petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Manigachhi P.S Case No. 219 of 2023 dated 08.10.2023 for the offences punishable u/s 147, 148, 149, 323, 325, 427, 353 and 333 of the I.P.C and 30(a) and 45 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 7.25 litres of

Patna High Court CR. MISC. No.84761 of 2023(2) dt.23-01-2024 2/3 illicit liquor was recovered from the house of the coaccused Ramanand Yadav.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. No incriminating article 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.

Patna High Court CR. MISC. No.84761 of 2023(2) dt.23-01-2024 3/3

7. 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 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, Darbhanga in connection with Manigachhi P.S Case No. 219 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Chandra Prakash Singh, J) Nilmani/- U T