Patna High CourtCR. MISC./5675/2024bail granted

Satyendra Yadav @ Satyendra Kumar Yadav v. The State Of Bihar

2024-02-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5675 of 2024 Arising Out of PS. Case No.-259 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Satyendra Yadav @ Satyendra Kumar Yadav S/O- Amar Yadav R/O- VillBhagwanpur, Ps- Nautan, Dist- Bettiah (WEST Champaran) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-02-2024 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 Yadopur P.S. Case No. 259 of 2023, dated 22.10.2023, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

4. As per the prosecution case, total 504.00 litres of country made liquor has been recovered from a boat.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.5675 of 2024(2) dt.16-02-2024 2/3 this case. The petitioner has one criminal antecedent of similar nature as stated in para 3 of the bail petition and he is not the owner of the said boat. 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 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.5675 of 2024(2) dt.16-02-2024 3/3 like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Yadopur P.S. Case No. 259 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