Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37758 of 2026 Arising Out of PS. Case No.-596 Year-2025 Thana- RAHUI District- Nalanda ====================================================== Chandan Kumar S/o Karu Yadav Resident of Village - Milkipar, P.S.- Rahui, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar No. I, Advocate :
Ms. Sonam Kumari, Advocate For the State :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Heard Ms. Sonam Kumari, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Rahui P.S. Case No. 596 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 15.10.2025 by the informant, Chandrakant Verma.
3. As per the prosecution story, the Police intercepted a motorcycle and recovered/seized 40 liters country made liquor, Rakesh Kumar was arrested and this led to the FIR.
4. Learned counsel for the petitioner submits that he do not own the motorcycle nor he has criminal antecedent and
2/4 only because Rakesh Kumar implicated, he is now facing the case.
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 person arrested named him.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the recovery/seizure is from Rakesh Kumar, he do not have criminal antecedent nor he owns the motorcycle, 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/-
3/4 (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise 2nd Bihar Sharif, Nalanda in connection with Rahui P.S. Case No. 596 of 2025 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
4/4 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) vinayak/- U