Anand Mehra @ Anand Mehara @ Bittu Kumar @ Aanand MeharaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37675 of 2026
                    Arising Out of PS. Case No.-507 Year-2025 Thana- PURNEA SADAR District- Purnia
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                 Anand Mehra @ Anand Mehara @ Bittu Kumar @ Aanand Mehara Son of
                 Arun Prasad Mehta @ Arun Mehara @ Arun Prasad Mehra Resident of
                 Village- Abdullah Nagar (Anand Nagar), Ward No. 42, P.S.- Sadar, District-
                 Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumit Kumar Bhagat, Advocate
                 For the Opposite Party/s :       Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Purnea Sadar P.S. Case No. 507 of 2025 for the

                   offence under section 109 of the BNS and section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, the Police, on secret

                   information,       intercepted      a    magic      van      and     from      it,

                   recovered/seized 741 liters of foreign liquor and the name of the

                   petitioner cropped up. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   neither he has criminal antecedent nor he owns the vehicle or

                   was driving it and only on suspicion, he has been implicated. The

                   last submission is that without accepting the allegation and/or the
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          outcome of the present case, the petitioner intends to contribute

          Rs. 20,000/- to the District Legal Services Authority, Purnea for

          putting up flower pots in the Civil Court Campus of Purnea

          Judgeship through Demand Draft issued by the local branch of

          the State Bank of India.

                       5. Further, learned counsel for the petitioner relied on

          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 his

          name has cropped up before the Police.

                       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 nor he owns the vehicle and/or has criminal

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

          him the privilege of anticipatory bail with conditions subject to

          payment of Rs. 20,000/- to the District Legal Services Authority,

          Purnea for putting up flower pots in the Civil Court Campus of
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          Purnea Judgeship through Demand Draft issued by the local

          branch of the State Bank of India and the receipt of the

          expenditure shall be submitted to the trial Court by the DLSA,

          Purnea.

                       8. If, however, it is found that contrary to the statement

          made in paragraph-3, the petitioner has criminal antecedent, the

          present order shall become infructuous.

                       9. 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 learned Exclusive Special Court no. 01, Purnea

          in connection with Purnea Sadar P.S. Case No. 507 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;

                       (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;
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                                 (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.

                                 10. A copy of the order be sent to the Principal District

                    and Sessions Judge, Purnea for his/her perusal and needful.



                                                   (Rajiv Roy, J)
Adnan/-

U     T