CR. MISC./57597/2026 of Bauby Kumar @ Avinash Kumar Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard Mr.Anant Kumar Mishra, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Samastipur Mufassil P.S. Case No.247 of 2026 instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act lodged on 09.06.2026 by the informant, Deepshikha Sinha.

3. As per the prosecution story, the Police on secret information, reached near the house of the petitioner and recovered/seized 23.88 liters of foreign liquor from the back side of the house of the petitioner.

4. Learned counsel for the petitioner submits that a perusal of the FIR would show that the recovery/seizure is from an open place and not from the house. Further, he do not have criminal antecedent.

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.

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 or from the house, he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail. However, if it is found that the petitioner has criminal antecedent, the order shall become infructuous.

8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court 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 the like amount each in connection with Samastipur Mufassil P.S. Case No.247 of 2026 to the satisfaction of learned Exclusive Special Judge, Excise-I, Samastipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) 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 day for one month and later every months for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of 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.

Ravi/- (Rajiv Roy, J) U T