Satish Kumar @ Satish Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82537 of 2025 Arising Out of PS. Case No.-671 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Satish Kumar @ Satish Prasad S/O Chandradev Rai R/O vill - Bhagwanpur Devarsaukhi, P.S - Pachrukhiya,Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Rai, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Gaurichak P.S. Case No. 671 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 27.09.2025 by the informant, Kanhiya Ram.
3. As per the prosecution story, the informant alleged that on secret information, the 'tempo' was intercepted and the recovery/seizure of 150 liters of country-made mahua. Sanjay Rai was taken into custody and he has confessed that it was at the behest of this petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that the vehicle does not belong to him and only because he has criminal antecedent and Sanjay Rai named him, got implicated.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.82537 of 2025(2) dt.10-12-2025 2/3 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.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the vehicle does not belong to him and nothing has been recovered from his conscious possession, 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 Court of Excise, Patna City, Patna in connection with Gaurichak P.S. Case No. 671 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
Patna High Court CR. MISC. No.82537 of 2025(2) dt.10-12-2025 3/3 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;
(iii) 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;
(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. (Rajiv Roy, J) Adnan/- U T