Allowed

Nawalesh Kumar Yadav v. The State of Bihar

Patna HC2 Dec 2023CR. MISC./68337/2023

Case brief

AI extract

What is this about?

The Patna High Court allowed the petitioner's application for anticipatory bail in a bailable offence under the Bihar Prohibition and Excise Act, despite Section 76(2). The court directed surrender within six weeks and for furnishing a bond.

What did the court decide?

Petitioner to surrender within six weeks and be enlarged on anticipatory bail by furnishing a bail-bond of Rs. 20,000 with two sureties each.

Nawalesh Kumar Yadav Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68337 of 2023

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Arising Out of PS. Case No.-751 Year-2023 Thana- TURKAULIYA District- East Champaran

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====================================================== Nawalesh Kumar Yadav Son Of Jimdar Rai R/O Vill - Gokhula Bajar, P.S. - Banjariya, Distt. - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Sanjay Kumar Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 02-12-2023

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Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2. Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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3. The Petitioner is apprehending his arrest in connection with Turkauliya (Banjariya) P.S. Case No. 751 of 2023 dated 05.07.2023 for the offences punishable u/s 272 and 273 read with 34 of the I.P.C and Section 30(a) and 41(i)(ii) of the Bihar Prohibition and Excise Act.

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4. As per the prosecution case, total 50 litres of illicit liquor was recovered from the two bags on the motorcycle.

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5. Learned counsel for the petitioner has submitted

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Patna High Court CR. MISC. No.68337 of 2023(2) dt.02-12-2023 2/3

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that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The petitioner is not the owner of the said motorcycle. 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.

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6. 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.

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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

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Patna High Court CR. MISC. No.68337 of 2023(2) dt.02-12-2023 3/3

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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, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 751 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Nawalesh Kumar Yadav v. The State of Bihar

Case brief

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Nawalesh Kumar Yadav v. The State of Bihar

Case brief

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