Umesh SahniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22960 of 2026
                          Arising Out of PS. Case No.-3 Year-2025 Thana- MAKER District- Saran
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                 Umesh Sahni son of Jugeshwar Sahni Resident of village- Chaki Sohagpur
                 Ps- Paroo, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Nalin Kumar, Advocate
                 For the Opposite Party/s :        Mr. Kumar Ranjit Ranjan, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                     Heard Mr. Nalin Kumar, learned counsel for the

                   petitioner and Mr. Kumar Ranjit Ranjan, learned Additional

                   Public Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Maker P.S. Case No. 03 of 2025, F.I.R dated

                   09.01.2025 registered for the offences punishable under and

                   Section 274, 275, 3(5) of Bharatiya Nyay Sanhita, 2023 and

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                   3. Recovery is of 520 liters of illicit spirit liquor.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and has falsely been

                   implicated in the present case merely on the basis of suspicion.

                   He further submits that the allegation as alleged in the F.I.R is

                   false and fabricated. He further submits that it appears from the
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          F.I.R that nothing has been recovered from the conscious

          possession of the petitioner rather the recovery has been made

          from vehicle in question. There is non-compliance with

          mandatory procedure prescribed for recovery under Section 100

          of Cr.P.C / Section 103 of Bhartiya Nagarik Suraksha Sanhita.

          No case, whatsoever, would be made out against the petitioner

          under the Bihar Prohibition and Excise Act.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory 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) P.L.J.R. 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.

                          7. Considering the aforesaid facts, nothing has been

          recovered from conscious possession of the petitioner and the

          petitioner has clean antecedent, let the petitioner, above named,
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          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 the learned Exclusive Special Excise Court No-

          03, Saran, Chapra in connection with Maker P.S. Case No. 03 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure / Section 482(2) of

          the Bhartiya Nagarik Suraksha Sanhita 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 absence on two consecutive dates without sufficient

          reason, his 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

          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

          criminal antecedent, the court below shall take step for
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                      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)
Suruchi/-

U      T