Vijay Yadav @ Vijay Kumar Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82292 of 2023

Arising Out of PS. Case No.-196 Year-2023 Thana- DUMARIAGHAT District- East Champaran

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Vijay Yadav @ Vijay Kumar Yadav Son Of Suraj Yadav Resident Of VillageMirchak, Ps- Bajitpur ,Manigachhi, Distt- Darbhanga

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sushil Kumar, Adv. For the Opposite Party/s : Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 15-01-2024 Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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2. The petitioner is apprehending his arrest in connection with Dumariyaghat P.S. Case No. 196 of 2023,vide ABP No. 3732/2023, dated 08.07.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 243 litres of illicit foreign liquor was recovered from a car.

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4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedents as stated in para 3 of the bail petition. The name of the petitioner was disclosed by the apprehended person. The petitioner is neither the owner nor the

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Patna High Court CR. MISC. No.82292 of 2023(2) dt.15-01-2024 2/3

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driver of the said vehicle. 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 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.

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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.

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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 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like

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Patna High Court CR. MISC. No.82292 of 2023(2) dt.15-01-2024 3/3

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amount each to the satisfaction of the learned court concerned, East Champaran in connection with Dumariyaghat P.S. Case No. 196 of 2023, vide ABP No. 3732/23, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Vijay Yadav @ Vijay Kumar Yadav v. The State of Bihar

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Vijay Yadav @ Vijay Kumar Yadav v. The State of Bihar

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