MITHILESH BIND @ MITHILESH KUMARversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36028 of 2026
                        Arising Out of PS. Case No.-176 Year-2026 Thana- MANJHI District- Saran
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                 Mithilesh Bind @ Mithilesh Kumar S/O Sri Ramagah Bin @ Ramugrah Bind
                 R/O Village - Bhabhauli, P.S- Manjhi, District- Saran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Bishwajeet Singh, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                    Heard Mr. Bishwajeet Singh, learned counsel for the

                   petitioner and Mr. Rana Randhir Singh, learned Additional

                   Public Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Manjhi P.S. Case No. 176 of 2026, F.I.R dated

                   30.03.2026 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                   3. Recovery is of 90 liters of illicit country made

                   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 disclosure made by the apprehended

                   co-accused person namely, Rajkumar Bind. He further submits

                   that the allegation as alleged in the F.I.R is false and fabricated.
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          He further submits that it appears from the F.I.R as well as

          seizure list that altogether 90 litres of country made liquor was

          recovered from the scooty and motorcycle in question and co-

          accused person, Rajkumar Bind has disclosed that the petitioner

          was involved in the present crime in question. Apart from that

          nothing has come during investigation which suggest the

          involvement of the petitioner in the present occurrence. It

          appears from the seizure list that seizure list witnesses are police

          personnel, so there is non-compliance of Section 103/105 of the

          BNSS. 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. He further submits

          that the petitioner carries two criminal antecedents other than

          the present one 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, nothing has been

          recovered from conscious possession of the petitioner,

          petitioner is made accused merely on the basis of disclosure

          made by the apprehended co-accused person and here is non-

          compliance of Section 103/105 of the BNSS, 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 2nd Exclusive

          Special Excise Judge, Saran at Chapra in connection with

          Manjhi P.S. Case No. 176 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
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                      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

                      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