Subodh Rai @ Subodh RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25241 of 2026
                        Arising Out of PS. Case No.-265 Year-2022 Thana- RIGA District- Sitamarhi
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                 Subodh Rai @ Subodh Ray S/o Yogi Ray R/o village - Ward no. 5, Bahera,
                 P.S. - Majorganj, District - Sitamarhi

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

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

2   17-04-2026                        Heard Mr. Santosh Kumar, 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 Riga P.S. Case No. 265 of 2022, F.I.R dated

                   02.07.2022 registered for the offences punishable under Section

                   341, 323, 353, 414, 506, 34 of the Indian Penal Code and

                   Section 30(a), 41(1) of Bihar Prohibition and Excise Act.

                                   3. Recovery is of 72 liters of illegal Nepalese

                   liquor.

                                  4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and has falsely been

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R is false and fabricated. He
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          further submits that it appears from the F.I.R that nothing has

          been recovered from the conscious possession of the petitioner

          rather the recovery has been made from motorcycle in question.

          Petitioner is not named in the FIR and his name transpired on

          the basis that he is owner of the motorcycle in question. Infact

          the petitioner has given his motorcycle to one Ram Pukar Sahni

          for personal use and the said Ram Pukar Sahni was apprehended

          along with the illicit liquor and similarly situated co-accused

          person, namely, Keshav kumar @ Keshav Sah has been granted

          the privilege of anticipatory bail by this Court vide order dated

          09.12.2022 in Cr. Misc. No. 65200 of 2022. 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
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          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 that the petitioner

          has clean antecedent and his name transpired on the basis that

          he is owner of the motorcycle in question and similarly situated

          co-accused person has been granted the privilege of anticipatory

          bail by this Court, 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.1, Sitamarhi in

          connection with Riga P.S. Case No. 265 of 2022, 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.
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                                      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

                      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