Ravi Yadav @ Ravi KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37663 of 2026
                  Arising Out of PS. Case No.-206 Year-2026 Thana- CHIRAIYA District- East Champaran
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                 Ravi Yadav @ Ravi Kumar S/o Jawahir Rai @ Jwahir Ray Resident of
                 Village - Motnaje, P.S. - Chiraiya, District - East Champaran

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

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

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

                   petitioner and        Mr.Manoj Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Chiraiya P.S.Case No.206 of 2026,FIR dated

                   02.04.2026 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. Recovery is of 129.9 liters of Nepali Kasturi 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 the recovery has been made from the School in question

                   and one Mojaffar Alam was apprehended and he has disclosed

                   the name of the petitioner. Learned counsel for the petitioner
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          submits that altogether 129.9 liters of Nepali Kasturi liquor was

          recovered from the School in question and petitioner has no role

          at all in the present occurrence and except the disclosure made

          by the apprehended co-accused person, 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
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          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 and name

          of the petitioner has been transpired during investigation on the

          basis of the disclosure made by the apprehended co-accused

          person, 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

          Exclusive Special Excise Court-I, East Champaran, Motihari in

          connection with Chiraiya P.S.Case No.206 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.
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                                      (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/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