Rajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85852 of 2023 Arising Out of PS. Case No.-908 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== 1.

Rajan Yadav Son Of Sri Bhagwan Yadav Resident Of Village - Barhulia, P.S. - Andar, District - Siwan 2.

Brajesh Yadav Son Of Late Gautan Yadav Resident Of Village - Bhainsakhal, P.S. - Ziradei, District - Siwan 3.

Mantu Kumar @ Mintu Son Of Wakil Yadav Resident Of Village - Tikri, P.S. - Hussainganj, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Tiwary For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-01-2024 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 Siwan Excise P.S. Case No. 908 of 2023 dated 25.09.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 1053 litres of illicit liquor was recovered from the two vehicles.

Patna High Court CR. MISC. No.85852 of 2023(2) dt.25-01-2024 2/3

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 in para 3 of the bail petition. The petitioner is neither the owner nor the driver of the said vehicles. 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.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, in the event of their arrest/surrender within a period

Patna High Court CR. MISC. No.85852 of 2023(2) dt.25-01-2024 3/3 of six weeks from today, be enlarged on anticipatory 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, Siwan in connection with Siwan Excise P.S. Case No. 908 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U