Kallu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39534 of 2026
                      Arising Out of PS. Case No.-129 Year-2026 Thana- MALSALAMI District- Patna
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                 Kallu Kumar S/O Rambabu Ray @ Ram Babu Rai R/O Village- Rikabganj,
                 P.S- Malsalami, District- Patna.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s    :        Mr. Jay Ram Prasad, Advocate
                 For the State           :        Mr. Anil Kumar, A.P.P
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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 Malsalami P.S. Case No. 129 of 2026 registered

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

                   Prohibition and Excise Act.

                                 3. Recovery is of total 157 liters of country made

                   liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the present case. He

                   further submits that it appears from the F.I.R that nothing has

                   been recovered from the conscious possession of the petitioner

                   rather the recovery has been made from the hut in question. It is

                   next submitted that altogether 157 liters of country made liquor
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          was recovered from two places and the petitioner has no role at

          all with the alleged occurrence. Learned counsel for the

          petitioner next submits that name of the petitioner has transpired

          in the present case on the basis of disclosure made by

          apprehended co-accused person, namely, Amit Kumar and co-

          accused person, namely, Binda Lal whose name has also been

          transpired on the basis of disclosure made by apprehended co-

          accused person, has been granted the privilege of anticipatory

          bail vide order dated 29.04.2026 passed in Cr. Misc. No. 27572

          of 2026 passed by a Coordinate Bench of this Court.

                          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. Apart from that the

          petitioner has antecedent of one case other than the present case

          but fairly submits that petitioner is on bail in the pending matter.

                          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
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          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, petitioner

          has been made an accused in this case merely on the basis of

          disclosure made by apprehended co-accused person, namely,

          Amit Kumar and similarly situated co-accused person has been

          granted the privilege of anticipatory bail by a Coordinate Bench

          of this Court,      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 Special Judge Excise, Patna in connection with

          Malsalami P.S. Case No. 129 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
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                     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

                     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