Rajesh Rai @ Rajesh Prasad Yadav v. The State of Bihar

Vinod Rai @ Vinod Prasad Yadav S/O Ramji Rai @ Ramji Prasad Yadav R/O Village- Pojhi Bhualpur, P.S- Marhaurah, Distt.- Saran.

Krishna Rai @ Krishna Prasad Rai S/O Ramji Rai @ Ramji Prasad Yadav R/O Village- Pojhi Bhualpur, P.S- Marhaurah, Distt.- Saran.

Chandan Kumar @ Chandan Prasad Yadav S/O Vinod Rai R/O Village- Pojhi Bhualpur, P.S- Marhaurah, Distt.- Saran.

Kundan Kumar @ Kundan Prasad Yadav S/O Vinod Rai R/O Village- Pojhi Bhualpur, P.S- Marhaurah, Distt.- Saran.

Lalu Rai @ Arun Kumar S/O Umesh Rai R/O Village- Rasidpur, P.S- Garkha, Distt.- Saran. The State of Bihar. Versus ... ... Petitioner/s ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr. Sachida Nand Rai, Advocate Mr. Yogendra Kumar Singh, A.P.P. ORAL ORDER 2 05-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Marhowrah P.S Case No. 593 of 2023 Patna High Court CR. MISC. No.74793 of 2023(2) dt.05-12-2023 dated 15.09.2023 for the offences punishable u/s 30(a), 32(2)(3), 38 and 41 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 438.920 litres of illicit foreign liquor was recovered near High School.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that name of the petitioners has transpired on the basis of disclosure made by co-accused Sakil Ahamad, who was apprehended at the place of occurrence. Learned counsel has further submitted that petitioners have no concern with the alleged recovery. The petitioners have one criminal antecedent as stated at para 3 of the bail petition. 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 Patna High Court CR. MISC. No.74793 of 2023(2) dt.05-12-2023 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.

6. 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.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioners, in the event of their 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, Saran at Chapra in connection with Marhowrah P.S. Case No. 593 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. Nilmani/- U T (Chandra Prakash Singh, J)