Deepak Kumar @ Deepak YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30598 of 2026
                   Arising Out of PS. Case No.-101 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
           1.     Deepak Kumar @ Deepak Yadav S/O Lal Babu Yadav Resident Of Village-
                  Bhelai Milki, P.s.- Udwantnagar, District- Bhojpur
           2.    Sanjeev Kumar @ Nirahu @ Sanjeev Raj S/O Sanjay Choudhary Resident
                 Of Village- Bhelai Milki, P.s.- Udwantnagar, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Malti Kumari, Adv.
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   18-05-2026                   Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Udwant Nagar P.S. Case No. 101 of 2026 for

                   the offence under sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution story, the informant alleged

                   that on secret information, the Police raided the place of the

                   accused and from a bag, there is recovery/seizure of 6.3 liter

                   foreign liquor. This led to the FIR.

                                4. Learned counsel for the petitioners submit that

                   admittedly, the recovery is from an open place and an undertaking

                   is given that if granted relief, they shall not indulge in any such
Patna High Court CR. MISC. No.30598 of 2026(2) dt.18-05-2026
                                            2/4




          activity.

                       5. Further, learned counsel for the petitioners relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that the

          petitioner no. 2 has no criminal antecedent while petitioner no. 1

          has one criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the recovery/seizure is from an open place, in that

          background, this Court is inclined to extend them the privilege

          of anticipatory bail with conditions.

                       8. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.30598 of 2026(2) dt.18-05-2026
                                            3/4




          satisfaction of learned Exclusive Special Excise, Court No. 2,

          Bhojpur, Ara in connection with Udwant Nagar P.S. Case No.

          101 of 2026 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner(s) shall be appearing before the

          Police Station as and when required for co-operating in the

          investigation;

                       (iii) the petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his bail bond by the Trial Court itself;

                       (iv) the petitioners shall appear before the concerned

          police station every fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;
           Patna High Court CR. MISC. No.30598 of 2026(2) dt.18-05-2026
                                                       4/4




                                  (vi) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T