CR. MISC./57549/2026 of Rajnath Choudhary 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 Dighwara P.S. Case No. 208 of 2026 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 20.05.2026 by the informant, Aman Kumari.

3. As per the prosecution story, the Police, on secret information, intercepted a motorcycle and there is recovery/seizure of 70 liters country-made liquor. The locals gave the name of the accused, this led to the FIR and the implication of the petitioner.

4. Learned counsel for the petitioner submits that neither anything has been recovered from his conscious possession nor the vehicle belongs to him and only because of the criminal antecedent, the locals due to enmity, implicated

him. The last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs. 10,000/- to the District Legal Services Authority, Saran at Chapra for putting up flower pots in the Civil Court Campus of Saran at Chapra 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 has two criminal antecedents.

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 is not the owner of the motorcycle, in that background, this Court is inclined to extend him the privilege of

anticipatory bail with conditions subject to payment of Rs. 10,000/- to the District Legal Services Authority, Saran at Chapra for putting up flower pots in the Civil Court Campus of Saran at Chapra 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, Saran at Chapra.

8. 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 Court of Additional Sessions Judge-cum- Exclusive Special Court Excise Act-I, Saran at Chapra in connection with Dighwara P.S. Case No. 208 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 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.

9. A copy of the order be sent to the Principal District and Sessions Judge, Saran at Chapra for his/her perusal and needful.

Adnan/- (Rajiv Roy, J) U T