Trivendra Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8451 of 2026 Arising Out of PS. Case No.-74 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Trivendra Kumar Giri son of Manoj Giri Resident of village- Panwari Mathiyan PS- Sikarhatta Distt -Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Chauri P.S. Case No. 74 of 2023 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged.
3. As per the prosecution story, the Police caught one Rohit Kumar and there is recovery/seizure of 35 liter country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession nor he has criminal antecedent, only because he was named, got 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
Patna High Court CR. MISC. No.8451 of 2026(2) dt.17-02-2026 2/3 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 his name has come due to him being the owner of the motorcycle.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that part of the recovery/seizure is from Rohit Kumar and the petitioner do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
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 Exclusive Special Judge, Excise Court No.-I, Bhojpur at Ara in connection with Chauri P.S. Case No. 74 of 2023 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(s) shall be appearing before the Police Station as and when required for co-operating in the investigation; (iii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.8451 of 2026(2) dt.17-02-2026 3/3 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. (Rajiv Roy, J) Vijay Singh/- U T