Jay Shankar Prasad Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73894 of 2024

Arising Out of PS. Case No.-462 Year-2023 Thana- BEUR District- Patna

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Jay Shankar Prasad Yadav Son of Raju Ray Resident of Ward No. 9 Village and P.O-Beghra Patori, P.S.- Mohanpur, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Subhash Kumar, Advocate For the Opposite Party/s : Mr.Rana Randhir Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 09-04-2025

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Heard Mr.Subhash Kumar,, learned counsel for the petitioner and Mr.Rana Randhir Singh, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Spl. Case No.5575 of 2023 arising out of Beur P.S. Case No.462/2023, registered for the offences punishable under Sections 30(a)/37 of Bihar Prohibition and Excise Act.

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Recovery is of 237.100 liters of foreign liquor.

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Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and nothing has been recovered from conscious possession of the petitioner and no case is made out against the petitioner under the Excise Act. Petitioner is not

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Patna High Court CR. MISC. No.73894 of 2024(3) dt.09-04-2025 2/4

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named in the FIR. Name of the petitioner has transpired during investigation on the basis that the petitioner is owner of the Scooty in question. Learned counsel for the petitioner submits that in fact the petitioner had sold the Scooty in question to one Guddu Kumar Singh on 08.07.2023. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C./Section 103 of BNSS, 2023. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.

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Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.

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This Court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav Vs. State of Bihar reported in 2019 (2) PLJR 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of Counsel for the petitioner.

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Considering the aforesaid facts, petitioner has clean

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Patna High Court CR. MISC. No.73894 of 2024(3) dt.09-04-2025 3/4

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antecedent, nothing has been recovered from conscious possession of the petitioner and petitioner has been made accused in the present case merely on the ground that the petitioner is owner of the Scooty in question although the petitioner had sold the Scooty in question to one Guddu Kumar Singh on 08.07.2023, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-I, Excise Court, Patna in connection with Spl. Case No.5575 of 2023 arising out of Beur P.S. Case No.462/2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:-

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(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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(II) If the petitioner tampers with the evidence or the

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Patna High Court CR. MISC. No.73894 of 2024(3) dt.09-04-2025 4/4

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witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Nitesh/-

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U T

Jay Shankar Prasad Yadav v. The State of Bihar

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Jay Shankar Prasad Yadav v. The State of Bihar

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