Ranjan Lal Dev @ Guddu Lal Dev @ Ramesh Kumar RanjanversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40434 of 2026
                     Arising Out of PS. Case No.-11 Year-2026 Thana- ALINAGAR District- Darbhanga
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                 Ranjan Lal Dev @ Guddu Lal Dev @ Ramesh Kumar Ranjan Son of Ashok
                 Lal Dev @ Ashok Kumar Anuj Resident of Village- Gorkha, P.S.- Ali Nagar,
                 District- Darbhanga.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kaushal Kumar
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur
                 ======================================================
                 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 Ali Nagar P.S. Case No. 11 of 2026 registered

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

                   Prohibition and Excise Act.

                                3. Recovery is of total 403.2 liters of Nepali liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the present case on the

                   basis of suspicion. He further submits that nothing has been

                   recovered from the conscious possession of the petitioner and

                   altogether 403.2 liters of Nepali liquor was recovered from the

                   orchid in question. It is next submitted that as per the allegation
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          as alleged in the FIR the petitioner has fled away from the place

          of occurrence and except the aforesaid nothing has come during

          the investigation to suggest the involvement of the petitioner in

          the present 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. It is next submitted

          that petitioner has escaped from the place of occurrence and

          apart from that 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

          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, let the
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          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 Judge-II (Excise Act), Darbhanga in connection with Ali

          Nagar P.S. Case No. 11 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

          criminal antecedent, the court below shall take step for
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                     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