Vivek Kumar @ Vivek SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29417 of 2026
                     Arising Out of PS. Case No.-22 Year-2026 Thana- KUTUMBA District- Aurangabad
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           1.     Vivek Kumar @ Vivek Singh S/O Dileep Singh R/O Vill.- Chakua, P.S.-
                  Kutumba, Dist.- Aurangabad.
           2.    Neeraj Kumar Singh @ Niraj Kumar S/O Indal Singh R/O Vill.- Chakua,
                 P.S.- Kutumba, Dist.- Aurangabad.

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

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

2   08-05-2026                    Heard Ms. Mukul Kumari, learned counsel for the

                   petitioners and Mr. Madan Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioners are apprehending their arrest

                   connection with Kutumba P.S. Case No. 22 of 2026, F.I.R. dated

                   28.01.2026 registered for the offences punishable under

                   Sections Sections 30(a)             of     Bihar Prohibition & Excise

                   Amendment Act, 2022.

                                3. Recovery is of 194.7 litres of country made liquor.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have clean antecedents and they have falsely been

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

          petitioners have not committed any offence as alleged in the

          F.I.R. and the name of the petitioners have been transpired on

          the basis of disclosure made by apprehended co-accused

          persons, namely, Rohit Kumar and Prince Kumar. It appears

          from the F.I.R. as well as seizure list that altogether 194.7 litres

          of country made liquor was recvoered from the open field and

          except the disclosure made by the apprehended co-accused

          persons, no cogent material has come during investigation to

          suggest the involvement of the petitioners in the present

          occurrence. Therefore, the recovery cannot be attributed to the

          petitioners. There is non-compliance with mandatory procedure

          prescribed for recovery under Section 100 of Cr. P.C./ Section

          103 of BNSS, 2023 No case, whatsoever, would be made out

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

          reported in 2019(2) P.LJ.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 petitioners.

                       7. Considering the aforesaid facts and the fact that the

          petitioners having clean antecedent and nothing has been

          recovered from conscious possession of the petitioners, 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) each with

          two sureties of the like amount each to the satisfaction of

          learned District & Additional Sessions Judge-cum-Exclusive

          Special Judge, Excise Court No. 01, Aurangabad in connection

          with     Kutumba PS. Case No. 22 of 2026, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure/Section 482(2) of BNSS, 2023 and with

          other following conditions:-

                       1. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
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                         and shall remain physically present as directed by the court and

                         on their absence on two consecutive dates without sufficient

                         reason, their bail bonds shall be cancelled by the Court below.

                                      2. If the petitioners tamper with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                          3. 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)
Ibrar//-

U          T