Kail Yadav @ Mahendra Yadav v. The State of Bihar
Case brief
What is this about?
Patna High Court Criminal Miscellaneous No.31066 of 2025, decided 21-05-2025 by Harish Kumar, J. Anticipatory bail application in Excise P.S. Case No. 28 of 2011, Gaya (offences under Section 47(a) & (f), Bihar Prohibition and Excise Amendment Act, 2018; recovery of 300 Kg Jawa Mahua and 10 lts illicit liquor). Statutory bar under Section 76(2) of Bihar Prohibition and Excise Act, 2016 found inapplicable to 2011 matter, yet anticipatory bail rejected owing to prolonged evasion of law (about 14 years per State); petitioner directed to surrender within four weeks; regular bail after surrender to be considered on own merits forthwith. Keywords: anticipatory bail; Section 76(2) statutory bar; Bihar Prohibition and Excise Act 2016; evasion; surrender direction; regular bail on merits.
What did the court decide?
The contention that the statutory bar under Section 76(2) of the Act, 2016, invoked to reject the petitioner's bail prayer, would not be applicable to him as the matter is of 2011, finds substance with this Court.