Allowed¶23

Jamahir Yadav @ Javahir Yadav v. The State of Bihar

Patna HC25 Apr 2025CR. MISC./794/2025

Case brief

AI extract

What is this about?

Anticipatory bail granted under section 438 CrPC in Bihar Prohibition and Excise Act case (ss 30(a), 30(c), 41); Warsaliganj P.S. Case No. 652 of 2023, Nawada; illicit country liquor and fermented jawa mahua recovery; Section 76(2) bar contested; Full Bench precedent Ram Vinay Yadav v. State of Bihar 2019 (2) PLJR 1089 invoked by counsel; bail-bond Rs. 20,000/- with two sureties; Jamahir Yadav @ Javahir Yadav; Patna High Court; Chandra Prakash Singh, J; order dated 25-04-2025.

What did the court decide?

Anticipatory bail: petitioner to be enlarged upon arrest/surrender within six weeks, on bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Nawada, subject to conditions under section 438(2) CrPC. ¶23

Jamahir Yadav @ Javahir Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Warsaliganj P.S. Case No. 652 of 2023 (offences punishable u/ss 30(a), 30(c) and 41 of the Bihar Prohibition and Excise Act), is entitled to anticipatory bail notwithstanding the bar under Section 76(2) of the Act urged by the State.

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Court's answer

The petitioner is to be enlarged on anticipatory bail, in the event of his arrest/surrender within six weeks, on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Nawada, subject to conditions under section 438(2) of the Code of Criminal Procedure; the application stands allowed.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.794 of 2025 (decided 25-04-2025, Chandra Prakash Singh, J) — Anticipatory bail — Bihar Prohibition and Excise Act, ss 30(a), 30(c) and 41 — Warsaliganj P.S. Case No. 652 of 2023 dated 29.12.2023, District Nawada — Alleged recovery of 22 litres of illicit country-made liquor and 1800 litres of fermented jawa mahua near a water canal — Petitioner contended innocence, no criminal antecedent, recovery from an open place accessible to all, disclosure of his name by local Chowkidar due to previous enmity, no incriminating article recovered from his conscious possession, and that co-accused had already been granted anticipatory bail (order dated 23.08.2024 in Cr. Misc. No. 39530/2024) — Counsel relied on the Full Bench ruling in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, that an anticipatory bail application under the Act is maintainable despite the bar under Section 76(2) where the FIR discloses no such offence — State opposed invoking the Section 76(2) bar — Court enlarged the petitioner on anticipatory bail upon arrest/surrender within six weeks on a bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under section 438(2) CrPC — Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.794 of 2025

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Arising Out of PS. Case No.-652 Year-2023 Thana- WARISLIGANJ District- Nawada

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

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Jamahir Yadav @ Javahir Yadav S/O Baldev Yadav Resident of VillageDariyapur, P.S- Warisgaliganj, Dist- Nawada.

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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.Amit Ranjan For the Opposite Party/s : Mr.Indu Kumari Srivastava ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 25-04-2025

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

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2. The Petitioner is apprehending his arrest in connection with Warsaliganj P.S. Case No. 652 of 2023 dated 29.12.2023 for the offence/s punishable u/ss 30(a), 30 (c) and 41 of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 22 litres of illicit country made liquor, 1800 litres of fermented jawa mahua and other apparatus used for making liquor were recovered near the water canal.

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

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Patna High Court CR. MISC. No.794 of 2025(2) dt.25-04-2025 2/3

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para 3 of the bail petition. The recovery was made from an open place that is accessible to anyone. Local Chowkidar disclosed the name of the petitioner due to previous enmity. The other coaccused persons have already been granted anticipatory bail by this court vide order dated 23.08.2024 passed in Cr. Misc. No. 39530/2024. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. 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

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Patna High Court CR. MISC. No.794 of 2025(2) dt.25-04-2025 3/3

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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 amount each to the satisfaction of the learned court concerned, Nawada in connection with Warsaliganj P.S. Case No. 652 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7. This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Jamahir Yadav @ Javahir Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jamahir Yadav @ Javahir Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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