Rishav Kumar @ Rishabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88042 of 2025 Arising Out of PS. Case No.-753 Year-2024 Thana- Excise P.S. District- Darbhanga ====================================================== Rishav Kumar @ Rishabh Kumar Son of Sri Ram Sah @ SriRam Kumar Sah Resident of Mohalla - Belvaganj, P.O - Laheriasarai, P.S -Laheriasarai, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Madhumala Kumari, Adv.
For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-12-2025 Heard Ms. Madhumala Kumari, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Excise Sadar P.S. Case No. 753 of 2024 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police on information, intercepted the motorcycle, Rohan Kumar was arrested along with 750 ml foreign liquor, petitioner being the owner, got named in the FIR.
4. Learned counsel for the petitioner submits that only because of two criminal antecedents and he being the owner, name has come in the FIR, recovery/seizure is from Rohan Kumar who had taken the motorcycle.
5. Further, learned counsel for the petitioner relied on the
Patna High Court CR. MISC. No.88042 of 2025(2) dt.22-12-2025 2/3 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 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 recovery/seizure is from Rohan Kumar, though the petitioner has criminal antecedent, an undertaking has been given that he shall be diligently appearing in trial, 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 Special Judge-1 Excise Act, Darbhanga in connection with Excise Sadar P.S. Case No. 753 of 2024 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;
Patna High Court CR. MISC. No.88042 of 2025(2) dt.22-12-2025 3/3 (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) Vijay Singh/- U T