IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27864 of 2026 Arising Out of PS. Case No.-37 Year-2026 Thana- SRINAGAR District- West Champaran ====================================================== Raju Mahto S/o Kari Mahto R/o - Marchaiya, PS - Srinagar, District - West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gyan Prakash, Advocate For the Opposite Party/s : Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 29-04-2026 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Srinagar P.S. Case No. 37 of 2026 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 27.02.2026 by the informant, Mahesh Kumar Singh. 3. As per the prosecution story, the informant alleged that, on secret information, the team alongwith ‘mahal chowkidar’ reached near Pujaha bridge and there is recovery/seizure of altogether 90 liters country-made liquor. The chowkidar named the persons who escaped, petitioner included. This led to the FIR. 4. Learned counsel for the petitioner submits that only because of enmity with the chowkidar, he has been named, the Patna High Court CR. MISC. No.27864 of 2026(2) dt.29-04-2026 2/4 petitioner do not have any criminal antecedent and nothing has been recovered from his conscious possession. 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 chowkidar had named him. 7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the petitioner do not have any criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions. 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 Patna High Court CR. MISC. No.27864 of 2026(2) dt.29-04-2026 3/4 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 Judge, Excise Court – II, Bettiah, West Champaran in connection with Srinagar P.S. Case No. 37 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 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 petitioner shall in no way try to induce or Patna High Court CR. MISC. No.27864 of 2026(2) dt.29-04-2026 4/4 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. Adnan/- (Rajiv Roy, J) U T