Pravin Kumar Singh @ Pravin KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43865 of 2026
                      Arising Out of PS. Case No.-59 Year-2026 Thana- DEODHA District- Madhubani
                 ======================================================
                 Pravin Kumar Singh @ Pravin Kumar S/o Birendra Kumar Singh R/o Village
                 - Karhi , P.S. - Arer, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Prakash, Adv.
                 For the Opposite Party/s :       Mr. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-07-2026                   Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Deodha P.S. Case No. 59 of 2026 for the offence

                   under sections 274, 275, 3(5) of the BNS and 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per the prosecution story, the informant alleged

                   that on secret information, two motorcycles were raided and there

                   is recovery/seizure of 45 liter each Nepali liquor from it. This led

                   to the FIR.

                                4. Learned counsel for the petitioner submits that one of

                   the motorcycle having Registration No. BR-32-AT-3424 belongs

                   to him which was sold to Pankaj Jha on 05.11.2022, he do not

                   have criminal antecedent.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.43865 of 2026(2) dt.08-07-2026
                                            2/3




          the judgment of the Full Bench of Hon’ble Patna High Court in the

          case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)

          PLJR 1089 wherein it has been held that an application for

          anticipatory bail in a case arising out of Bihar Excise and

          Prohibition Act can be maintained, despite the bar under Section

          76(2) of the Act, if on the basis of allegation made in the FIR, no

          offence under the said provision is made out.

                       6. Learned APP opposes the prayer submitting that the

          motorcycle belongs to him.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that he do not have criminal antecedent, in that background,

          this Court is inclined to extend him the privilege of anticipatory

          bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the receipt

          of this order, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of like amount each to the satisfaction

          of learned Exclusive Special Judge Excise, Madhubani                     in

          connection with Deodha P.S. Case No. 59 of 2026 subject to the

          following conditions:

                       (i)   one    of    the     bailor   should   be   the   family

          member/relative of the petitioner who shall provide official
           Patna High Court CR. MISC. No.43865 of 2026(2) dt.08-07-2026
                                                       3/3




                     document to show his/her bona fide;

                                  (ii) the petitioner(s) shall be appearing before the Police

                     Station as and when required for co-operating in the investigation;

                                  (iii) the petitioner shall appear on each and every date

                     before the Trial Court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his bail

                     bond by the Trial Court itself;

                                  (iv) the petitioner shall appear before the concerned

                     police station every fortnight for six months to mark his

                     attendance and after the end of the period, the certificate shall be

                     submitted before the Trial Court failing which steps shall be taken

                     for the cancellation of the bail bonds;

                                  (v) the     petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (vi) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty to

                     take steps for cancellation of his bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T