Pravindra Kumar @ Pravendra KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36843 of 2026
                 Arising Out of PS. Case No.-58 Year-2026 Thana- NAWADA MUFFASIL District- Nawada
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                 Pravindra Kumar @ Pravendra Kumar S/O Rambhawan Paswan R/O Village
                 - Kharsariya, P.O - Baldha, Police Station - Nagarnausa, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Mukherjee, Advocate
                 For the Opposite Party/s :     Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                    Heard Mr. Ajay Mukherjee, learned counsel for the

                   petitioner and Ms. Sucheta Yadav, learned Additional Public

                   Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Nawada Muffasil P.S. Case No. 58 of 2026,

                   F.I.R dated 15.02.2026 registered for the offences punishable

                   under Section 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                   3. Recovery is of 58.125 liters of foreign liquor.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery of
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          58.125 liters of foreign liquor has been made from the car in

          question and petitioner was not apprehended from the place of

          occurrence and the petitioner has been made accused merely on

          the ground that he is owner of the said car in question. In fact,

          he has given his car to his driver and he has misused the same.

          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.

                          6. 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

          counsel for the petitioner.

                          7. Considering the aforesaid facts, nothing has been

          recovered from conscious possession of the petitioner, he has

          been made accused merely on the ground that he is owner of the
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          car in question and the petitioner has clean antecedent, 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 Exclusive

          Special Excise Court-1, Nawada in connection with Nawada

          Muffasil P.S. Case No. 58 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

          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
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                      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