AMIT KUMAR @ PAPALU @ PAPLUversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38996 of 2026
                   Arising Out of PS. Case No.-220 Year-2023 Thana- CHAKIA District- East Champaran
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                 AMIT KUMAR @ PAPALU @ PAPLU Son of Anil Singh @ Anil Kumar
                 Singh R/o Vill.- Madhopur Govind, P.S.- Chakia, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                   Heard Mr.Suraj Kumar Tiwari, learned counsel for

                   the petitioner and Mr.Abhay Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Chakia P.S.Case No.220 of 2023,FIR dated

                   15.06.2023 registered for the offences punishable under

                   Sections 30(a),32,41(1) of Bihar Prohibition and Excise

                   (Amendment) Act.

                                3. Recovery is of 4392.360 liters of English liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent. He has falsely been implicated

                   in the present case. It appears from the FIR as well as the

                   seizure list that nothing has been recovered from conscious

                   possession of the petitioner rather the recovery has been made
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          from two Trucks in question and petitioner is neither the owner

          nor the driver of the Trucks in question and petitioner has been

          made accused in the present case merely on the basis of

          suspicion. As per allegation in the FIR, the petitioner was fled

          away from the place of occurrence on the basis of secret

          information.       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.

                       5. 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.

                       6. 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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                       7. Considering the aforesaid facts, petitioner has clean

          antecedent, nothing has been recovered from conscious

          possession of the petitioner rather the recovery has been made

          from two Trucks in question and petitioner is neither the owner

          nor the driver of the Trucks in question, 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 Exclusive Special Excise

          Court No.3, I/c Civil Court, East Champaran at Motihari in

          connection with Chakia P.S.Case No.220 of 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:-

                       (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.

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

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

                                      (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.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T