Raushan Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39152 of 2026
                     Arising Out of PS. Case No.-106 Year-2026 Thana- Excise P.S. District- Madhubani
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                 Raushan Kumar Yadav S/O Suresh Yadav R/o Village-Bela, Ward no. 04, PS-
                 Jaynagar, Distt- Madhubani


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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Archana Aanand, Adv.
                 For the Opposite Party/s :        Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard Ms. Archana Aanand, learned Advocate for the

                   petitioner and learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Sadar Excise P.S. Case No. 106 of 2026, registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The police in course of patrolling, suspecting the

                   involvement of two persons, who were coming on a motorcycle

                   apprehended them. On search, total 5.940 litres of illicit wine

                   was recovered from their possession.

                                4. Learned Advocate for the petitioner submitted that

                   from the FIR, it is evident that two persons were riding on a
Patna High Court CR. MISC. No.39152 of 2026(2) dt.17-06-2026
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          motorcycle from where recovery has been made. However, only

          on account of the fact that the petitioner being the owner of the

          motorcycle in question, his name has been implicated in this

          case. In fact, on the alleged date of occurrence, co-accused

          Deepak Kumar Yadav had taken away the motorcycle on the

          pretext of bringing some household articles and the petitioner

          was not knowing the fact that his motorcycle has ever been used

          for any illicit purpose. There is no material collected during

          investigation which suggests the complicity of the petitioner in

          the crime. However, only on account of one past criminal

          antecedent of identical nature, the name of the petitioner has

          been implicated in this case.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          use of motorcycle in question in the crime clearly suggests the

          complicity of the petitioner, who happens to be the owner of the

          same. There is further bar to maintain anticipatory bail in terms

          with Section 76(2) of the Bihar Prohibition and Excise

          (Amendment) Act; is the contention of the learned Additional

          Public Prosecutor.

                       6. Having considered the submissions advanced on

          behalf of the learned Advocates for the respective parties and
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                     taking note of the fact that on the alleged date and time of

                     occurrence, the presence of the petitioner was not found near the

                     place of occurrence, besides during course of investigation,

                     nothing has come which suggests that the petitioner was also

                     involved in the crime           and as such, prima facie, the rigors

                     provided under Section 76(2) of the Bihar Prohibition and

                     Excise (Amendment) Act would not attract, let the petitioner

                     abovenamed be released on bail, in the event of his arrest or

                     surrender before the court below within a period of four weeks

                     from the date of receipt/production of a copy of this order, upon

                     furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Exclusive Special Judge (Excise Court), Madhubani in

                     connection with Sadar Excise P.S. Case No. 106 of 2026 arising

                     out of G.O. Case No. 653 of 2026, subject to the conditions laid

                     down in Section 482(2) of the Bharatiya Nagrik Suraksha

                     Sanhita, 2023, with the further condition that one of the bailors

                     shall be the own/close family members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T