Anita devi Vs The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 18-05-2026

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Heard the parties.

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The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 821 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution story, the Police on secret information, reached near the Hanuman Temple and there is recovery/seizure of 12 liter country made liquor near the bushes. This led to the FIR.

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Learned counsel for the petitioner submits that admittedly, the recovery is from an open place and not from conscious possession and he do not have criminal antecedent.

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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

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Patna High Court CR. MISC. No.30594 of 2026(2) dt.18-05-2026 2/3

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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 he do not have criminal antecedent and recovery is from an open place, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

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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, Excise Court No. 1, East Champaran at Motihari in connection with Muffasil P.S. Case No. 821 of 2025 subject to the following conditions:

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(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;

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(ii) the petitioner(s) shall be appearing before the Police Station as and when required for co-operating in the investigation;

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Patna High Court CR. MISC. No.30594 of 2026(2) dt.18-05-2026 3/3

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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 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;

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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 cancellation of the bail bonds;

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(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.

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(Rajiv Roy, J)

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Vijay Singh/-

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U T

Anita devi v. The State of Bihar

Case brief

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Anita devi v. The State of Bihar

Case brief

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