Anil YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24821 of 2026
                      Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
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                 Anil Yadav Son of Rambhajan Yadav Resident of Village - Shivpur Diyar,
                 Somali Pranpur, P.S. - Dubar/Dubhat, District - Balliya, Uttar Pradesh.

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

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

2   17-04-2026                    Heard Mr. Arvind Kumar Pradhan, learned counsel

                   for the petitioner and Mr. Madan Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Brahampur P.S. Case No. 181 of 2025, F.I.R.

                   dated 19.09.2025 for the offences punishable under Sections

                   191(2), 191(3), 109, 132, 324(4) of the Bhartiya Nyay Sanhita,

                   2023 and under Section 27, 26 and 35 of Arms Act and under

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

                                 3. Recovery is of 147.780 liters of foreign liquor,

                   four cartridges and two motorcycles.

                                  4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. He further submits that the allegation as alleged in
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          the F.I.R is false and fabricated. He further submits that it

          appears from the F.I.R that nothing has been recovered from the

          conscious possession of the petitioner and name of the petitioner

          transpired on basis of disclosure made by local chowkidar and

          local villagers and similarly situated co-accused persons,

          namely, Lakru Sah @ Rakesh Bhagat and Golu Singh @ Sunny

          Singh have been granted the privilege of anticipatory bail by the

          co-ordinate Bench of this Court and this Court vide order dated

          20.11.2025 and 18.11.2025 in Cr. Misc. No. 74636 of 2025 and

          Cr. Misc. No. 76073 of 2025. 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 and apart from that

          petitioner carries one criminal antecedent in which he is on bail.

                          6. This court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav vs. State of Bihar
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          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   and

          circumstances, 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

          the learned Exclusive Special Excise Court No.2, Buxar in

          connection with Brahampur P.S. Case No. 181 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
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                      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

                      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