Rakesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37664 of 2026
                   Arising Out of PS. Case No.-73 Year-2025 Thana- ANDHRAMATH District- Madhubani
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                 Rakesh Kumar S/O Vinod Goit R/O Village- Dharhara, Ward No. 8, P.S-
                 Andharamath, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Mrs. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                  Head Mr. Jitendra Kumar Bharti, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Andharamath P.S. Case No. 73 of 2025 for the

                   offence under sections 274/275 of the BNS and section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, the Police intercepted a

                   motorcycle, 117 liters of Nepali liquor seized and Shivnandan

                   Mandal was arrested. As the petitioner owns the motorcycle, the

                   FIR.

                                4. Learned counsel for the petitioner submits that the

                   motorcycle was taken by Shivnandan Mandal and only because he

                   owns the motorcycle, got implicated.

                                5. Further, learned counsel for the petitioner relied on
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          the judgment of the Full Bench of Hon’ble Patna High Court in the

          case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)

          PLJR 1089 wherein it has been held that an application for

          anticipatory bail in a case arising out of Bihar Excise and

          Prohibition Act can be maintained, despite the bar under Section

          76(2) of the Act, if on the basis of allegation made in the FIR, no

          offence under the said provision is made out.

                       6. Learned APP opposes the prayer submitting that he is

          the owner of the motorcycle.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from his conscious

          possession, in that background, this Court is inclined to extend

          him the privilege of anticipatory bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the receipt

          of this order, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of like amount each to the satisfaction

          of Court concerned in connection with Andharamath P.S. Case No.

          73 of 2025 subject to the following conditions:

                       (i)   one    of    the     bailor   should   be   the   family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;
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                                 (ii) the petitioner shall be appearing before the Police

                    Station as and when required for cooperating in the investigation;

                                 (iii) the petitioner shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of his bail

                    bond by the Trial Court itself;

                                 (iv) the petitioner shall appear before the concerned

                    police station every fortnight for six months to mark his

                    attendance and after the end of the period, the certificate shall be

                    submitted before the Trial Court failing which steps shall be taken

                    for the cancellation of the bail bonds;

                                 (v) the     petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (vi) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty to

                    take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T