Allowed

Rampati Yadav v. the State of Bihar

Patna HC19 Jul 2024CR. MISC./30397/2024

Case brief

AI extract

What is this about?

In bail petition Cr. Misc. No.30397 of 2024, the Patna High Court granted anticipatory bail to Rampati Yadav in a liquor offence case, allowing application despite statutory bar when arrest was surrendered within six weeks.

What did the court decide?

Petitioner enlarged on anticipatory bail upon surrender within six weeks, subject to bond of Rs. 20,000 with two sureties and conditions under Section 438(2) CrPC.

Rampati Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30397 of 2024

¶2

Arising Out of PS. Case No.-10 Year-2024 Thana- FESHAR District- Aurangabad

¶3

======================================================

¶4

Rampati Yadav, aged about 65 years, Male, Son Of Raghuwar Yadav Resident Of Village - Theghwa, P.S. - Phesar, District - Aurangabad (Bihar)

... ... Petitioner

Versus

The State Of Bihar

... ... Opposite Party

¶9

====================================================== Appearance : For the Petitioner : Mr. Anirudh Kumar Verma, Advocate For the Opposite Party : Mr. Sanjay Kumar Tiwary, A.P.P. ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶11

ORAL ORDER

¶12

2 19-07-2024

¶13

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶14

2. The petitioner is apprehending his arrest in connection with Phesar P.S. Case No. 10 of 2024 dated 24.01.2024 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

¶15

3. As per the prosecution case, total 92.8 litres of illicit country made liquor was recovered from the five different motorcycles.

¶16

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of one of the motorcycle. The petitioner has no criminal antecedent as stated in para 3 of

¶17

Patna High Court CR. MISC. No.30397 of 2024(2) dt.19-07-2024 2/3

¶18

the bail petition. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted anticipatory bail by this Court vide order dated 19.03.2024 passed in Cr. Misc. No. 18528 of 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.

¶19

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.

¶20

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on

¶21

Patna High Court CR. MISC. No.30397 of 2024(2) dt.19-07-2024 3/3

¶22

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, Aurangabad (Bihar) in connection with Phesar P.S. Case No. 10 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

¶23

7. The application stands allowed.

¶24

(Chandra Prakash Singh, J)

¶25

atul/aman-

¶26

U T

Rampati Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rampati Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bilash Yadav Vs The State of Bihar

Abhadesh Kumar @ Abhadesh Singh Vs The State of Bihar

Rajeev Kumar Vs The State of Bihar

Ram Pravesh Rai @ Nirala @ Ram Pravesh Nirala Vs The State of Bihar

Ram Avtar Singh @ Ramabatar Singh Vs the State of Bihar

Shushil Yadav Vs The State of Bihar and others