Sharwan Kumar SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37278 of 2026
                       Arising Out of PS. Case No.-220 Year-2026 Thana- RIVILGANJ District- Saran
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                 Sharwan Kumar Singh Son of Late Baban Singh Resident of Village- Nayaka
                 Baiju Toal, P.S.- Rivilganj, District- Saran at Chapra

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

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

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

                   petitioner and Mr.Braj Kishore Pd., learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Rivilganj P.S.Case No.220 of 2026,FIR dated

                   17.04.2026 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. Recovery is of 215.96 liters of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the present case. From

                   a bare perusal of the FIR as well as the seizure list it appears

                   that nothing has been recovered from conscious possession of

                   the petitioner rather the recovery has been made from E-

                   Rikshaw in question. Name of the petitioner has been transpired
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          during investigation on the basis of the disclosure made by the

          apprehended co-accused person, namely, Gautam Prasad and

          except the aforesaid, nothing has come during investigation

          against the petitioner to suggest the involvement of the

          petitioner in the present occurrence. There is non-compliance

          with mandatory procedure prescribed for recovery under Section

          100 of Cr.P.C./Section 103 of BNSS, 2023. No case,

          whatsoever, would be made out against the petitioner under the

          Bihar Prohibition and Excise Act.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for 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. Further submits that the petitioner carries two

          more cases other than the present one of similar nature but fairly

          submits that the petitioner is on bail in both the cases, as

          mentioned in para-3 of the anticipatory bail petition.

                       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) PLJR 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
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          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 and name

          of the petitioner has been transpired during investigation on the

          basis of the disclosure made by the apprehended co-accused

          person, namely, Gautam Prasad,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 learned 2nd Exclusive Special Excise Judge, Saran

          at Chapra in connection with Rivilganj P.S.Case No.220 of

          2026, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure/ Section 482(2) of

          BNSS, 2023 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/her absence on two consecutive dates without sufficient

          reason, his/her 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/her

                         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)
Nitesh/-

U          T