Krishna Yadav @ Krishna Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2379 of 2025 Arising Out of PS. Case No.-125 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== Krishna Yadav @ Krishna Bhola Yadav S/O Bhola Yadav R/O Village- Polt No.- 112, Shita Nagar, Housing Pandesara, Distt.- Surat City, State - Gujrat -394221, Presently residing at Mohalla - Bandar Jhuli, P.S- Laukaha, DistMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Laukaha P.S. Case No. 125 of 2024 dated 15.06.2024 registered for the offences punishable u/s 272, 273 and 34 of the I.P.C and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 360 litres of illicit Nepali liquor was recovered from the car.

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

Patna High Court CR. MISC. No.2379 of 2025(2) dt.28-02-2025 2/3 para 3 of the bail petition. The petitioner is not the owner of the said vehicle. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The other co-accused person has already been granted bail by this court vide order dated 06.08.2024 passed in Cr. Misc. No. 56551/2024. 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

Patna High Court CR. MISC. No.2379 of 2025(2) dt.28-02-2025 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, Jhanjharpur, Madhubani, in connection with Laukaha P.S. Case No. 125 of 2024, 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