Gaurav KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39492 of 2026
                         Arising Out of PS. Case No.-119 Year-2026 Thana- MAKER District- Saran
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                 Gaurav Kumar S/O Raj Kumar Thakur R/o village- Jiyan Khurd , p.s- Karja ,
                 District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Vinod Kumar
                 For the Opposite Party/s :        Mr. Nand Kumar
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                         Heard      learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Maker P.S. Case No. 119 of 2026 registered for

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

                   and Excise Act.

                                   3. Recovery is of total 36.22 liters of illicit English

                   liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and has falsely been implicated

                   in the present case. He further submits that it appears from the

                   F.I.R and seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has

                   been made from the motorcycles. It is next submitted that
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          petitioner has been made an accused in the present case merely

          on the ground that petitioner is owner of one of the motorcycles

          in question. It is next submitted that one Rikesh Kumar has

          taken the motorcycle from the petitioner and he was

          apprehended with the alleged liquor and the petitioner has no

          role at all with the alleged occurrence.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory 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) P.L.J.R. 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

          of anticipatory bail, is inclined to accept the submission of

          counsel for the petitioner.

                          7. Considering the aforesaid facts, nothing has been

          recovered from conscious possession of the petitioner and the

          petitioner has clean antecedent and the petitioner has been made

          accused merely on the ground that petitioner is owner of one of
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          the motorcycles in question, 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 the learned Exclusive Special Excise Court No.

          III, Saran at Chapra in connection with Maker P.S. Case No. 119

          of 2026, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure and with other

          following conditions:-

                          1. 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 absence on two consecutive dates without

          sufficient reason, his bail bond shall be cancelled by the Court

          below.

                          2. 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.

                       3. 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
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                     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)
Gaurav Sinha/-

U      T