Farman Raza @ Jakir HussainversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40242 of 2026
                    Arising Out of PS. Case No.-22 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
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                 Farman Raza @ Jakir Hussain S/o Md. Allaudin @ Md. Alauddin R/o vill-
                 Kherajpur Pandasarai, P.S.- Laheriasarai, Dist.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-07-2026                   Heard Mr. Sanjeet Kumar Singh, learned counsel for

                   the petitioner and Mr. Md. Nazir Ansari, learned Additional

                   Public Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Chapra P.S. Case No. 22 of 2026, F.I.R dated

                   10.02.2026 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                   3. Recovery is of 190.380 liters of illicit foreign

                   liquor.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case on the basis of confessional statement of the

                   apprehended co-accused person namely, Arnav Prasad. He

                   further submits that it appears from the F.I.R as well as seizure
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          list that nothing has been recovered from the conscious

          possession of the petitioner and except the disclosure made by

          the apprehended co-accused person, nothing has come during

          investigation which suggest the involvement of the petitioner in

          the present occurrence. There is non-compliance of the Section

          103/105 of the BNSS.

                          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. He further submits

          that the petitioner carries three criminal antecedents other than

          the present one but fairly submits that he is on bail in all the

          pending matters.

                          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   and
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          circumstances of the case, nothing has been recovered from the

          conscious possession of the petitioner, he has been made

          accused on the basis of disclosure made by the co-accused

          person and there is non-compliance of Section 103/105 of the

          BNSS, 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

          3rd Exclusive Special Excise Judge, Saran at Chapra in

          connection with Chapra P.S. Case No. 22 of 2026, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure 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 absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                          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
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                      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)
Vanisha/-

U      T