IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57537 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- KHAIRA District- Saran ====================================================== Pradeep Kumar S/O Late Indradeo Mahto R/O village- Kalupur, P.S.- Khaira, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar, Advocate For the State : Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 19-08-2026 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Khaira P.S. Case No. 107 of 2026 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 30.03.2026 by the informant, Abhinandan Kumar. 3. As per the prosecution story, the prosecution story, the Police on information reached near the banks of Kalupur and there is recovery/seizure of 5 liters mahua. The petitioner who has one criminal antecedent under his belt, his name cropped up in the said recovery. Further, on information, the Police moved to the other place and from the house of Dev Kumar Manjhi, there is another recovery of 5 liters mahua. This led to the FIR. 4. Learned counsel for the petitioner submits that a perusal of the F.I.R. would show that recovery/seizure is near Patna High Court CR. MISC. No.57537 of 2026(2) dt.19-08-2026 2/4 the the bank and not from his conscious possession, only because of criminal antecedent, got implicated. 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 the locals gave his name. 7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the recovery that is from an open place, 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 Patna High Court CR. MISC. No.57537 of 2026(2) dt.19-08-2026 3/4 satisfaction of learned Special Excise Court No.3, Saran at Chapra in connection with Khaira P.S. Case No. 107 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 document to show his/her bona fide; (ii) the petitioner shall be appearing before the Police Station as and when required for cooperating 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 month 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; Patna High Court CR. MISC. No.57537 of 2026(2) dt.19-08-2026 4/4 (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. vinayak/- (Rajiv Roy, J) U T