Manoj RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10848 of 2026
                        Arising Out of PS. Case No.-41 Year-2017 Thana- NADI P.S. District- Patna
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           1.     Manoj Rai S/o- Raja Rai Village - Rustampur Vaishali Rushtampur PS -
                  Rustampur, Dist- Vaishali
           2.     Rajesh Kumar S/o- Vimal Rai R/v- Tinpariya Rustampur, Vaishali Ps-
                  Rustampur Dist- Vaishali
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhisek Rai, Adv
                 For the Opposite Party/s :        Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Nadi P.S. Case No. 41 of 2017, registered for the offence

                   punishable under Sections 30(a) and 36 of Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution, in short, is that on

                   12/06/17 while the informant was checking vehicles at Kachhi

                   dargah spotted a white Tata 407 pickup van along with another

                   white pickup van. Upon seeing the police, the drivers and co-

                   passengers on both the vans tried to flee but were apprehended

                   by the police. Two passengers from the van which was behind

                   Tata 407 managed to flee. Further, the informant searched the
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          carrier compartment of both the vans and found that huge

          quantity of foreign liquor (1700 liters) was loaded on both of it.

          Further, the driver, helper and a co-passenger of Tata 407 pickup

          van disclosed their identity details to the informant respectively

          as (i) Mohit Kumar, (ii) Navin Dalal and (iii) Kanchan Kumar.

          Upon being inquired, Mohit Kumar & Navin Dalal have

          revealed that the concerned foreign liquor belongs to the owner

          of Tata 407 van, namely, Mallik and his business partner,

          namely, Manoj Ahlawat which is supposed to be delivered to

          one Anil Rai and Manoj Rai (Petitioner No.-1). When the

          informant searched the possession of the driver and co-

          passenger, who were in the second pickup van, the informant

          recovered a total of rupees 34,000 cash and Samsung mobile

          phone from the possession of Anil Rai and a Samsung mobile

          from the possession of Vakil Rai. Further, the informant found

          rupees 42,000 cash from beneath the seat of the same van on

          which one Rajesh Kumar was sitting. Further, the co- accused

          Anil Rai disclosed to the informant that his brothers, namely,

          Manoj Kumar and Rajesh Kumar (Petitioner No.2) were also

          there on the same van and just fled and the recovered 42,000

          cash belongs to Petitioner No. 2 Rajesh Kumar. Further, Anil

          Kumar said to the informant that sort while ago, he has
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          delivered 18 cartoons of Royal Stag to one Randhir Rai.

          Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in the

          present case. The seized vehicles do not belong to the

          petitioners. The petitioners have no concern with the alleged

          recovery. The have been implicated on the statement made by a

          co-accused. He further submits that the petitioners have one

          criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. Considering the fact that nothing has been

          recovered from the conscious physical possession of the

          petitioners and given the fact that the vehicles recovered do not

          belong to the petitioners and their names have come up on the

          basis of statement made by co-accused, which does not carry

          evidentiary value, this Court is inclined to grant privilege of

          anticipatory bail to the petitioners.

                       7. Let the petitioners, named above, in the event of

          their arrest or surrender before the Court below within four

          weeks from today, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten thousand) with two sureties of the like amount
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                        each to the satisfaction of the learned Exclusive Special Court of

                        Excise, Patna City, Patna in connection with Nadi P.S. Case No.

                        41 of 2017, subject to the conditions laid down under section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as

                        also further condition that:-

                                     (i)   the     petitioners       shall   co-operate   in   the

                        investigation/trial.

                                     (ii) the learned Court would, however, verify the

                        criminal antecedent of the petitioners and in case it is found that

                        the petitioners have concealed their criminal antecedent, the

                        Court below shall take step for cancellation of bail bond of the

                        petitioners. However, it is expected that the verification process

                        would be done expeditiously without causing any delay.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T