Vishal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25000 of 2026
                       Arising Out of PS. Case No.-20 Year-2026 Thana- Vasudevpur District- Munger
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           1.     Vishal Kumar S/o Sri Tan Tan Yadav Resident of Village - Sherpur, P.S-
                  Basudeopur, District - Munger, Pin - 811202
           2.    Sujal Kumar S/o Sri Tan Tan Yadav Resident of Village - Sherpur, P.S-
                 Basudeopur, District - Munger, Pin - 811202

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar Karn, Advocate
                 For the Opposite Party/s :        Mr. Awadhesh Kumar Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

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

                   petitioners and Mr. Awadhesh Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Basudeopur P.S. Case No. 20 of 2026, F.I.R

                   dated 17.02.2026 registered for the offences punishable under

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

                                   3. Recovery is of 439.89 liters of illegal foreign

                   liquor.

                                   4. Learned counsel for the petitioners submits that

                   the petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that the
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          allegation as alleged in 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 petitioners

          rather the recovery has been made from the possession of co-

          accused, namely, Rahul Kumar and the said Rahul Kumar

          disclosed that the petitioners were also present at the place of

          occurrence. There is non-compliance with mandatory procedure

          prescribed for recovery under Section 103 and 105 of Bhartiya

          Nagarik Suraksha Sanhita and except the disclosure made by

          apprehended co-accused person, no other cogent material has

          come during investigation which suggest the involvement of the

          petitioners in the present occurrence. 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

          petitioners 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
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          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 petitioners.

                          7.     Considering         the       aforesaid   facts   and

          circumstances, let the petitioners, above named, in the event of

          their 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 Judge, Excise-II, Munger in

          connection with Basudeopur P.S. Case No. 20 of 2026, 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. Petitioners 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 their absence on two consecutive dates without

          sufficient reason, their bail bond shall be cancelled by the Court

          below.

                          ii. If the petitioners tamper 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedents, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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