Binod Yadav @ Ramashankar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35028 of 2026
                    Arising Out of PS. Case No.-23 Year-2026 Thana- Bhopatpur District- East Champaran
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                 Binod Yadav @ Ramashankar Yadav S/O Satyanarayan Yadav R/O Village-
                 Nayka Tola, P.S- Bhopatpur, Distt.- East Champaran.

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

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

2   02-07-2026                    Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner and Mr. Kalyan Shankar, learned Additional Public

                   Prosecutor for the State.

                                    2. The petitioner is apprehending his arrest in

                   connection with Bhopatpur P.S. Case No. 23 of 2026, F.I.R

                   dated 10.02.2026 registered for the offences punishable under

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

                                    3. Recovery is of 139.980 liters of illicit foreign

                   liquor.

                                    4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case on the basis of secret information. He further

                   submits that the allegation as alleged in the F.I.R is false and

                   fabricated. He further submits that it appears from the F.I.R that
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          altogether 139.980 liters of foreign liquor have been recovered

          from the garden situated behind the Vishwakarma temple and

          petitioner was not apprehended from the place of occurrence. As

          per the F.I.R. the petitioner escaped from the place of

          occurrence and co-accused namely, Raja Kumar, has disclosed

          the name of the petitioner and except the disclosure, nothing has

          come during investigation which suggest the involvement of the

          petitioner in the present occurrence. 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. The petitioner carries

          three criminal antecedents other than the present one where two

          cases are other than excise matter and one case pertains to

          excise matter but fairly submits on the basis of paragraph-3 of

          the bail application that the petitioner is on bail in the said

          matters.

                          6. This court is aware of the decision of the Full

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

          counsel for the petitioner.

                          7.     Considering         the       aforesaid   facts   and

          circumstances of the case, 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 Judge Excise Court-1,

          Motihari, East Champaran in connection with Bhopatpur P.S.

          Case No. 23 of 2026, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure 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
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                      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)
Vanisha/-

U      T