Rakesh SahniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36844 of 2026
                    Arising Out of PS. Case No.-19 Year-2026 Thana- SINGHWARA District- Darbhanga
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                 Rakesh Sahni Son of Vilash Sahni @ Ramvilash Sahni Resident of Village-
                 Mankauli, P.S.- Singhwara, District- Darbhanga.

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

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

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

                   petitioner and Mr. Arun Kumar, learned Additional Public

                   Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Singhwara P.S. Case No. 19 of 2026, F.I.R

                   dated 21.01.2026 registered for the offences punishable under

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

                                   3. Recovery is of 87 liters of 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 local

                   chowkidar. 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 87 liters of illicit liquor has
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          been made from the place of occurrence and except the

          aforesaid, 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. He further submits

          that the petitioner carries two criminal antecedents other than

          the present one where one case pertains to excise matter but

          fairly submits that he is on bail in both the pending matters.

                          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   and

          circumstances of the case, let the petitioner, above named, in
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          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 Judge-II (Excise

          Act), Darbhanga in connection with Singhwara P.S. Case No. 19

          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

          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
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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