Ashwani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37725 of 2026 Arising Out of PS. Case No.-51 Year-2026 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Ashwani Kumar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aquaib Khan, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Ramgarh P.S. Case No. 51 of 2026 for the offence registered under sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution story, the Police intercepted a motorcycle and there is recovery/seizure of 23 liter foreign liquor. Nibul Kumar and Anand Kumar who were on the motorcycle, got arrested. This led to the FIR.

4. Learned Counsel for the petitioner submits that he do not have criminal antecedent and only because he owns the motorcycle, got implicated. He had handed over the motorcycle to Nibul Kumar who wanted it for emergency purposes.

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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.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that he has criminal antecedent.

7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that he do not have criminal antecedent nor anything recovered from his conscious possession, in that background, this Court is inclined to grant him the 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

3/4 satisfaction of learned Special Judge, Excise-II, Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 51 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(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 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;

4/4 (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