IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47727 of 2026 Arising Out of PS. Case No.-105 Year-2026 Thana- NOORSARAI District- Nalanda ====================================================== 1. Navin Yadav @ Navin Kumar @ Navin Kumar Yadav S/O Bundel Yadav R/O Village- Malbigha, P.S.- Noorsarai, Distt.- Nalanda. 2. Nagendra Yadav @ Nagendra Kumar S/O Bundel Yadeav R/O Village- Malbigha, P.S.- Noorsarai, Distt.- Nalanda. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 22-07-2026 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Noorsarai P.S. Case No. 105 of 2026 for the offences under sections 30(a) and 37 of the Bihar Prohibition and Excise Act lodged on 19.02.2026 by the informant, Amarjeet Kumar. 3. As per the prosecution story, the police on secret information, raided the wheat field and from five gallons of 20 liters each, there is a recovery/seizure of 100 liters of country made liquor. The locals gave the name of the two petitioners. This led to the FIR. 4. Learned counsel for the petitioner submits that only Patna High Court CR. MISC. No.47727 of 2026(2) dt.22-07-2026 2/4 because of criminal antecedent, they have been implicated. Nothing has been recovered from their conscious possession and further, one of the similar co-accused has been granted relief in Noorsarai P.S. Case No. 105 of 2026. Let the same be kept on record. 5. Further, learned counsel for the petitioner relied on 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 they have criminal antecedent. 7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that nothing has been recovered from their conscious possession, one of the co-accused has been granted relief, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions. Patna High Court CR. MISC. No.47727 of 2026(2) dt.22-07-2026 3/4 8. Let the petitioners 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 Sessions Judge Excise-IInd, Nalanda at Biharsarif in connection with Noorsarai P.S. Case No. 105 of 2026 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide; (ii) the petitioners shall be appearing before the Police Station as and when required for cooperating in the investigation; (iii) the petitioners 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 their bail bond by the Trial Court itself; (iv) the petitioners shall appear before the concerned police station every month for six months to mark their 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; Patna High Court CR. MISC. No.47727 of 2026(2) dt.22-07-2026 4/4 (v) the petitioners 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 petitioners 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. ankita/- (Rajiv Roy, J) U T