Arun KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34912 of 2026
                       Arising Out of PS. Case No.-241 Year-2026 Thana- BANIAPUR District- Saran
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           1.     Arun Kumar S/o Kanhaiya Prasad R/o village- Chetan Chapra, Baretha,
                  Kanhauli, P.S.- Baniapur, District- Saran
           2.    Banti Kumar S/o Swaminath Prasad R/o village Baretha, P.S.- Baniapur,
                 District- Saran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Bishwajeet Singh
                 For the Opposite Party/s :       Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-07-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. After some arguments, learned counsel for the

                   petitioners seeks permission to withdraw this bail application

                   with respect to petitioner no. 1 with a liberty to the petitioner no.

                   1 to surrender before the learned Court below within a period of

                   four weeks from today and seek regular bail.

                               3. Permission is accorded.

                               4. The application is dismissed as withdrawn with

                   respect to petitioner no. 1 with the liberty that the petitioner no.

                   1 shall surrender and seek regular bail before the learned Court

                   below, the same shall be considered on the same day on its own
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          merit in accordance with law and without being prejudiced by

          any observation in the present order.

                        5. The petitioner no. 2, namely, Banti Kumar is

          apprehending his arrest in connection with Baniapur P.S. Case

          No. 241 of 2026 registered for the offences punishable under

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

                         6. The case of the prosecution, in brief, is that the

          informant Police Inspector namely Bashishtha Narayan Rai

          submitted a written information that in course of day patrolling

          he received secret information that accused persons namely

          Arun Kumar (petitioner no.1), Sukesh Kumar, Banti Kumar

          (petitioner no. 2) and Golu Kumar have stocked foreign liquor

          in the flower garden behind Baretha Primary School and selling

          it. He along with police party reached near the said school at

          about 1.40 pm and on seeing the police vehicle all four started

          fleeing. The police party chased him but they managed to

          escape. Search was made nearby and altogether 107.40 liters of

          foreign liquor was recovered and accordingly, seizure list was

          prepared.

                       7. Learned counsel for the petitioner submits that the

          petitioner no. 2 has clean antecedent and has 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 and seizure list that

          nothing has been recovered from the conscious possession of

          the petitioner no. 2 rather the recovery has been made from the

          place of occurrence. It is next submitted that name of the

          petitioner has transpired on the basis of secret information and

          except the aforesaid nothing has come during investigation to

          suggest the involvement of the petitioner in the present

          occurrence. It is next submitted that altogether 107.40 liters of

          foreign liquor was recovered behind the primary school and

          petitioner has no concern at all with the alleged occurrence.

                          8. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner no. 2 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.

                          9. 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

          behalf of the parties, this Court, for the limited purpose of grant

          of anticipatory bail, is inclined to accept the submission of
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          counsel for the petitioner.

                          10. Considering the aforesaid facts, nothing has

          been recovered from conscious possession of the petitioner and

          the petitioner no. 2 has clean antecedent, let the petitioner no. 2,

          namely, Banti Kumar 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 Addl.

          Sessions Judge-cum-Exclusive Special Court Excise Act-I,

          Saran at Chapra or its successor in connection with Baniapur

          P.S. Case No. 241 of 2026, subject to the conditions as laid

          down under Section 438(2) of the Code of Criminal Procedure

          and with other following conditions:-

                          1. 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.

                          2. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
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                     for cancellation of bail.

                                    3. 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)
Gaurav Sinha/-

U      T