Navneet KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26770 of 2026
                         Arising Out of PS. Case No.-897 Year-2022 Thana- BIHTA District- Patna
                 ======================================================
                 Navneet Kumar S/o Late Kamlesh Prasad Singh @ Kamlesh Singh R/o
                 Village- Jalpura, PS- Paliganj, District- Patna

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

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

2   17-04-2026                     Heard Mr. Ashok Kumar Sinha, learned counsel for

                   the petitioner and Mr. Pradeep Narain Kumar, learned

                   Additional Public Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Bihta P.S. Case No. 897/2022, F.I.R. dated

                   07.09.2022 for the offences punishable under Sections 420, 467,

                   468 of the Indian Penal Code and Sections 30(a) and 41 of the

                   Bihar Prohibition and Excise Act.

                                   3. According to prosecution case, total 1899 litres

                   of illicit foreign liquor was recovered from the pick-up van.

                                   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 it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.26770 of 2026(2) dt.17-04-2026
                                            2/4




          conscious possession of the petitioner rather the recovery has

          been made from vehicle in question and the petitioner has been

          made accused merely on the basis that he is the owner of the

          vehicle in question. The driver Raju Kumar was apprehended

          from the place and occurrence and he disclosed the name of the

          petitioner. 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. It is further submitted that

          the petitioner carries three criminal antecedent but fairly submits

          on the basis of paragraph-3 of the bail application that the

          petitioner is on bail in the said matter.

                          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
Patna High Court CR. MISC. No.26770 of 2026(2) dt.17-04-2026
                                            3/4




          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, 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 Special

          Excise Judge, Danapur, Patna in connection with Bihta P.S.

          Case No. 897/2022, 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.

                          ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
             Patna High Court CR. MISC. No.26770 of 2026(2) dt.17-04-2026
                                                         4/4




                       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)
atul/-

U        T