IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46100 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- MAHNAR District- Vaishali ====================================================== Shravan Kumar Son of Vasudev Rai R/o Vill- Lavapur, P.S.- Mahnar, District- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s : Ms.Gulnar Begum,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 31-07-2025 Heard Mr.Sunil Kumar Singh, , learned counsel for the petitioner and Ms.Gulnar Begum, learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Mahnar P.S.Case No.89 of 2025,FIR dated 13.03.2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. Recovery is of 10 liters of country made liquor. 4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR as well as the seizure list that 10 liters of country made liquor was recovered from the house of co-accused person, namely, Vasudev Ray, who happens to be the father of the petitioner and apart from that, 300 litre raw jawa was also recovered which Patna High Court CR. MISC. No.46100 of 2025(2) dt.31-07-2025 2/4 was destroyed by the prosecution. Learned counsel for the petitioner submits that the petitoner has been made accused in the present case merely on the ground that the petitioner is son of apprehended co-accused person, namely, Vasudev Ray. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C./Section 103 of BNSS, 2023. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act. 5. Learned A.P.P. for the State has vehemently opposed the prayer for 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) PLJR 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, petitioner has clean antecedent and petitioner has been made accused in the present Patna High Court CR. MISC. No.46100 of 2025(2) dt.31-07-2025 3/4 case merely on the ground that the petitioner is son of apprehended co-accused person, namely, Vasudev Ray, 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 learned Exclusive Special Excise Court No.II-cum-Additional District Sessions Judge, Vaishali at Hajipur in connection with Mahnar P.S.Case No.89 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 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/her absence on two consecutive dates without sufficient reason, his/her 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 verify the criminal antecedent of the petitioner and in case at Patna High Court CR. MISC. No.46100 of 2025(2) dt.31-07-2025 4/4 any stage, it is found that the petitioner has concealed his/her 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. Nitesh/- (Rajesh Kumar Verma, J) U T