Shankar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83427 of 2025 Arising Out of PS. Case No.-207 Year-2025 Thana- MOHANPUR District- Samastipur ====================================================== Shankar Ray S/O Tillu Ray R/O Vill.- Gadhi Mohanpur, P.S.- Mohanpur, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Rai, Advocate For the State :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Mohanpur P.S. Case No. 207 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 21.09.2025 by the informant, Pawan Kumar Jha.
3. As per the prosecution story, the informant alleged that during the patrolling and upon secret information, the Police raided the place and apprehended Sandip Paswan which led to recover/seizure of 34.20 liters foreign liquor. He gave the name of the other co-accused persons, the petitioner included who deal with the sale/purchase of the liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he has no criminal antecedent, named by the co-accused person
2/4 from whom the recovery took place, shall be diligently appearing in trial, if granted relief. Last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.5,000/- by Demand Draft issued by the local branch of the State Bank of India to the District Legal Services Authority, Samastipur for purchasing of flower pots in the Civil Court Campus, Samastipur.
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 apprehended 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 he has no criminal antecedent, nor anything has been recovered from his conscious possession, in that background, in
3/4 that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs.5,000/- by Demand Draft issued by the local branch of the State Bank of India to the District Legal Services Authority, Samastipur, for purchasing of flower pots in the Civil Court Campus, Samastipur and the receipt of the expenditure shall be submitted to the Trial Court by the District Legal Services Authority, Samastipur.
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 Special Judge-Excise-II, Samastipur in connection with Mohanpur P.S. Case No. 207 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 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;
4/4 (iii) 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; (iv) 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;
(v) 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. Let a copy of the order be communicated to the learned Principal District & Sessions Judge, Samastipur for perusal and needful.
(Rajiv Roy, J) vinayak/- U T