Patna High CourtCR. MISC./3411/2024bail granted

Rishu Yadav @ Rishu Kumar v. The State Of Bihar

2024-02-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3411 of 2024 Arising Out of PS. Case No.-337 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Rishu Yadav @ Rishu Kumar SON OF AMARJIT RAI RESIDENT OF VILLAGE- FAIZULLAHPUR, PS- BAIKUNTHPUR, DIST- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Pratap Singh For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-02-2024 Learned counsel for the petitioner is directed 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 petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Baikunthpur P.S. Case No. 337 of 2023, dated 02.10.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per prosecution case, total 10 litres of country made liquor has been recovered from the bag alleged to be thrown by the petitioner. Before this 3-3 litres of English wine were recovered from the bag of co-accused persons.

Patna High Court CR. MISC. No.3411 of 2024(2) dt.09-02-2024 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner was disclosed by local chowkidar. No incriminating material has been recovered from the conscious possession of the petitioner, hence no case is made out against the petitioner. 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 APP 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.

7. 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.3411 of 2024(2) dt.09-02-2024 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, Gopalganj in connection with Baikunthpur P.S. Case No. 337 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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