IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27806 of 2026 Arising Out of PS. Case No.-62 Year-2026 Thana- MEHANDIGANJ District- Patna ====================================================== 1. Prakash Yadav @ Prakash Kumar S/O Llakhendra Ray @ Lakhendra Yadav R/o- Ranipur Murchapar, P.S.- Mehandiganj, Distt- Patna 2. Ashish Kumar @ Bittu Kumar S/O Manoj Kumar R/O Noon ka chauraha hajari, P.S.- Khajekala, Dist.- Patna, As per FIR, R/O Beldari tola, renter in the house of Chhote lal chauhan, P.s.- Mehandiganj, Dist.- Patna. ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Jiban Pd. Singh, Advocate For the State : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 29-04-2026 Heard Mr. Ram Jiban Pd. Singh, learned counsel for the petitioners and learned APP representing the State. 2. The petitioners are apprehending their arrest in connection with Mehandiganj P.S. Case No. 62 of 2026 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 03.03.2026 by the informant, Vijay Kumar Yadav. 3. As per the prosecution story, the informant alleged that on evening patrolling and after getting information, the Police reached the house but the accused managed to escape, the locals gave the name including these two petitioners. Further, upon search, 37.17 liter foreign liquor recovered/seized. This led to the FIR. 4. Learned counsel for the petitioners submit that the Patna High Court CR. MISC. No.27806 of 2026(2) dt.29-04-2026 2/4 recovery/seizure is from near the house of Chhote Lal Chauhan and they have nothing to do with it, only because of criminal antecedent, got implicated. Last submission is that without accepting the allegation or outcome of the petition the petitioners intend to pay Rs.5,000/- each (totaling Rs.10,000/-) by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to the District Legal Services Authority, Patna for the purchase of flower pots for the Patna City, Civil Court Campus. 5. Further, learned counsel for the petitioners 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 Patna High Court CR. MISC. No.27806 of 2026(2) dt.29-04-2026 3/4 also that nothing has been recovered from his conscious possession, F.I.R. is there, they shall be facing the music, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions subject to payment of Rs.5,000/- each (totaling Rs.10,000/-) by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to the District Legal Services Authority, Patna for the purchase of flower pots for the Patna City, Civil Court Campus to be submitted at the time of execution of bail bond. 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) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City, Patna in connection with Mehandiganj P.S. Case No. 62 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; Patna High Court CR. MISC. No.27806 of 2026(2) dt.29-04-2026 4/4 (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 his bail bond by the Trial Court itself; (iv) the petitioners 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 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. 9. Let a copy of the order be sent to the learned Principal District and Sessions Judge, Patna for perusal and needful. vinayak/- (Rajiv Roy, J) U