Praveen Anand Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Kumar, Advocate For the State : Mr. Nityanand, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 08-07-2026 Heard the parties.

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The petitioner is apprehending arrest in connection with Goriakothi P.S. Case No. 43 of 2026 instituted under Section 30(a), 41(1) of the Bihar Prohibition and Excise Amendment Act lodged on 22.02.2026 by the informant, Manish Kumar.

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As per the prosecution story, police intercepted a car and recovery/seizure 112.320 liter of wishky. This led to the FIR.

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Learned counsel for the petitioner submits that he do not have criminal antecedent and only because of ownership, he got implicated. Further, the last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs. 15000/- to the District

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Patna High Court CR. MISC. No.43920 of 2026(2) dt.08-07-2026 2/4

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Legal Services Authority, Muzaffarpur for purchase of flower pots of the Civil Court Campus of Muzaffarpur Judgeship through Demand Draft issued by the local branch of the State Bank of India.

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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.

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Learned APP, opposes the prayer submitting that the petitioner has criminal antecedent.

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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 subject to payment of Rs.15000/- to the District Legal Services Authority, Muzaffarpur for purchase of flower pots of the Civil Court Campus of Muzaffarpur Judgeship through Demand Draft issued by the

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Patna High Court CR. MISC. No.43920 of 2026(2) dt.08-07-2026 3/4

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local branch of the State Bank of India.

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Let the petitioner be released on bail, in the event

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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 Goriakothi P.S. Case No. 43 of 2026 to the satisfaction of Exclusive Special Excise Court No.1, Siwan in Goriakothi subject to the 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

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Patna High Court CR. MISC. No.43920 of 2026(2) dt.08-07-2026 4/4

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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 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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Let a copy of this order be sent to the learned Principal District and Sessions Judge, Muzaffarpur for his perusal and needful.

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Ravi/-Ankita

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U T

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(Rajiv Roy, J)

Praveen Anand v. The State of Bihar

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Praveen Anand v. The State of Bihar

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