Rajesh Chaudhary Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s : Mr.Khurshid Anwar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 07-05-2026 Heard the parties.

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The petitioner is apprehending arrest in connection with Dinara P.S. Case No. 91 of 2026 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 lodged on 01.03.2026 by the informant, Asgar Ali.

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As per the prosecution story, on secret information about selling of the liquor, the place was raided and 3.42 liters of country made liquor recovered/seized from the wheat field. Local ‘Chowkidar’ named this petitioner which led to the FIR.

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Learned counsel for the petitioner submits that repeatedly due to enmity, the ‘Chowkidar’ gave his name which led to his implication and nothing has been recovered from his conscious possession.

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Further, learned counsel for the petitioner relied on

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Patna High Court CR. MISC. No.29526 of 2026(2) dt.07-05-2026 2/4

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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.

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Learned APP opposes the prayer submitting that the ‘Chowkidar’ has named him.

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Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra) , as also that nothing has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

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Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court 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 the like amount each in connection with Dinara P.S. Case No. 91 of 2026 to the satisfaction of learned Exclusive Special Judge Excise, Court No.1, Rohtas at Chapra subject to the

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Patna High Court CR. MISC. No.29526 of 2026(2) dt.07-05-2026 3/4

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conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

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(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;

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(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;

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(iv) the petitioner shall appear before the concerned police station every day for one month and later every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;

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(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

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Patna High Court CR. MISC. No.29526 of 2026(2) dt.07-05-2026 4/4

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cancellation of the bail bonds;

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(vi) the petitioner shall desist from committing any

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criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Ravi/-