CR. MISC./57622/2026 of Shubham Kumar Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Shikarpur P.S. Case No. 261 of 2026 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 03.03.2026 by the informant, Asi Khurshid Alam.

3. As per the prosecution story, the informant alleged that on information that these accused persons are indulged in liquor business, the place was raided and near the bushes of land of Baldev Prasad, there is recovery/seizure of 27.735 liters of foreign liquor. The locals gave the name of the accused including the petitioner. This led to the FIR.

4. Learned counsel for the petitioner submits that neither he has criminal antecedent nor anything to do with the said recovery. He is 19 years old boy, a student and has been falsely 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, Mr. Madan Kumar opposes the prayer submitting that the locals gave his name.

7. Taking into account the submissions of the parties and the judgment in , in that background, this the case of Ram Vinay Yadav (supra), as also that nothing has been recovered from his conscious possession nor he has criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

8. However, if 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 Special Judge Excise Court-II, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 261 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 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.

Sanny/- (Rajiv Roy, J) U T