Om Prakash SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38786 of 2026
                        Arising Out of PS. Case No.-113 Year-2026 Thana- PANAPUR District- Saran
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                 Om Prakash Sah S/O Late Rajendar Sah R/O Village- Ubhawa Sarangpur,
                 P.O.- Rampur Rudra, P.S.- Panapur, Distt.- Saran at Chapra- 841424.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jeetendra Narayan, Advocate
                 For the State            :        Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-06-2026                     Heard Mr. Jeetendra Narayan, learned counsel for

                   the petitioner and learned APP representing the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Panapur P.S. Case No. 113 of 2026 for the

                   offence under sections 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 10.04.2026 by the informant, Krishna Kumar

                   Sharma.

                                 3. As per the prosecution story, the informant alleged

                   that on secret information raided the Godown and there is

                   recovery/seizure of 5 liter spirit from Godown of the petitioner

                   and when Jai Prakash was arrested who gave the name of this

                   petitioner. Later, near the bushes of the house of the Mithlesh

                   Manjhi and Ajay Manjhi, there is another recover of 7.200 liter

                   foreign liquor. This led to the FIR.
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                       4. Learned counsel for the petitioner submits that

          though he owns the Godown, had no knowledge about the

          presence of liquor, his brother got implicated whereafter his

          name cropped up, he do not have criminal antecedent.

                       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 the

          Godown belongs to him.

                       7. Taking into account the submissions of the parties

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

          also that he do not have criminal antecedent nor anything

          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
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          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 2nd Exclusive Special Excise Judge, Saran

          at Chapra in connection with Panapur P.S. Case No. 113 of 2026

          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;

                       (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
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                      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)
vinayak/-

U      T