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Patna High CourtCR. MISC./15187/2026bail granted

Rambabu Singh v. The State Of Bihar

2026-03-12Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15187 of 2026 Arising Out of PS. Case No.-735 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Rambabu Singh S/o Harendra Singh R/o Village- Jhaua Ram, P.S- Dhaka, Dist- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2026 Heard Mr.Manoj Kumar, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Dhaka P.S. Case No. 735 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act lodged on 31.12.2025 by the informant, Deepak Kumar.

3. As per the prosecution story, the informant alleged that on information, the police reached the place of Bipin Mandal and there is recovery/seizure of 7 liters of Nepali liquor from the semi constructed house. Further, while returning, on information, the place of the petitioner was also raided and near the bamboo orchard, 54 liters of Nepali liquor was recovered. This led to the FIR.

4. Learned counsel for the petitioner submits that he do not have criminal antecedent and nothing has been recovered from his conscious possession rather the recovery is from the

2/4 bamboo orchard. If granted relief, he shall be diligently appearing in trial.

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 recovery is from bamboo orchard near his house.

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, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

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

3/4 the like amount each in connection with Dhaka P.S. Case No. 735 of 2025 to the satisfaction of learned Exclusive Special Excise Court-III, East Champaran, Motihari 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 fortnight 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

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. (Rajiv Roy, J) Ravi/- U T