Shivam KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38669 of 2026
                   Arising Out of PS. Case No.-411 Year-2020 Thana- KISHANGANJ District- Kishanganj
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                 Shivam Kumar Son of Jitendra Ray Resident of Village- Saidpur Ganesh,
                 P.S.- Biddupur, District- Vaishali.

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

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

2   02-07-2026                  Heard Mr.Bhola Prasad, learned counsel for the

                   petitioner and Mr.Pradeep Narain Kumar, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Kishanganj P.S.Case No.411 of 2020,FIR dated

                   04.11.2020 registered for the offences punishable under

                   Sections 272,273,420,120(B) of the Indian Penal Code and

                   Sections 30(a),41(1) of Bihar Prohibition and Excise Act.

                                3. Recovery is of 3584.60 liters of Indian made

                   foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent. 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
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          recovery has been made from the Truck in question and

          altogether 3584.60 liters of Indian made foreign liquor was

          recovered and one person, namely, Mulinder Kumar Singh was

          apprehended and he has disclosed the name of the petitioner.

          Learned counsel for the petitioner submits that except the

          aforesaid, no ogent material 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.

                       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, petitioner has clean

          antecedent, 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

          Judge, (Excise-I), Kishanganj in connection with Kishanganj

          P.S.Case No.411 of 2020, 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