IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57577 of 2026 Arising Out of PS. Case No.-560 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Loknath Dangi S/o Sitaram Dangi Resident of Village - Brahampur, P.S. - Gidhour, District - Chatra, Jharkhand. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, 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 Nawada Excise P.S. Case No. 560 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 11.08.2025 by the informant, Deepak Kumar. 3. As per the prosecution story, the Police intercepted a Maruti Dzire car and from it, there is recovery/seizure of 204 liters of foreign liquor and 3 liters of Beer. This led to the FIR. 4. Learned counsel for the petitioner submits that though he owns the vehicle, it was driven by Chotu Kumar who according to the FIR, escaped while Sachin was arrested and the petitioner do not have any criminal antecedent. The last submission is that without accepting the allegation and/or the Patna High Court CR. MISC. No.57577 of 2026(2) dt.19-08-2026 2/4 outcome of the present case, the petitioner intends to contribute Rs. 15,000/- to the District Legal Services Authority, Nawada for putting up flower pots in the Civil Court Campus of Nawada Judgeship through Demand Draft issued by the local branch of the State Bank of India. 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 he owns the vehicle. 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 his conscious possession and he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. Patna High Court CR. MISC. No.57577 of 2026(2) dt.19-08-2026 3/4 15,000/- to the District Legal Services Authority, Nawada for putting up flower pots in the Civil Court Campus of Nawada Judgeship through Demand Draft issued by the local branch of the State Bank of India and the receipt of the expenditure shall be submitted to the trial Court by the DLSA, Nawada. 8. If, however, it is found that contrary to the statement made in paragraph-3, the petitioner has criminal antecedent, the present order shall become infructuous. 9. 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 Court, Excise – 2, Nawada in connection with Nawada Excise P.S. Case No. 560 of 2025 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 Patna High Court CR. MISC. MISC. No.57577 of 2026(2) dt.19-08-2026 4/4 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; (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. 10. A copy of the order be sent to the Principal District and Sessions Judge, Nawada for his/her perusal and needful. Adnan/- (Rajiv Roy, J) U T