Mithun Ram @ Mithun KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11069 of 2026
                      Arising Out of PS. Case No.-1 Year-2026 Thana- BAUGHAT District- Sheikhpura
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                 Mithun Ram @ Mithun Kumar Son of Late Dashrath Ram Resident of Village
                 - Jitwarpur, Police Station - Baughat, District - Sheikhpura.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in connection with Baughat P.S. Case No. 01 of 2026 instituted

                   for the offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. The prosecution case is to the effect that the police

                   received secret information that Mithun Ram @ Mithun Kumar

                   (the petitioner) is selling liquor near the water hyacinth. It has

                   further been alleged that when the police reached near the place

                   of occurrence the accused persons fled away and total 10 liters

                   of country made liquor was recovered.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11069 of 2026(2) dt.17-02-2026
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          petitioner has falsely been implicated merely because he has

          two criminal antecedents of similar nature. Admittedly, the place

          where the said seizure was made does not belong to the

          petitioner. The petitioner has no concern either with the seized

          liquor or the business of the said liquor. It has next been

          submitted that the petitioner is on bail in previous two cases of

          similar nature.

                       5. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail.

                       6. Considering the facts aforesaid, the petitioner is

          directed to be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Exclusive Special Excise Judge,

          Sheikhpura in connection with Baughat P.S. Case No. 01 of

          2026, subject to the conditions as laid down under Section 482

          of the BNSS and subject to the following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioner;

                       (ii) the petitioner will remain present on each and
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          every date fixed by the Court below, if so required by the

          learned Trial Court;

                       (iii) in case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the petitioner

          will liable to be cancelled by the Court concerned;

                       (iv) the Court below shall verify the criminal

          antecedent of the petitioner and in case at any stage, it is found

          that the petitioner has concealed his criminal antecedent, the

          court below shall take step for cancellation of bail bonds of the

          petitioner. However, the acceptance of bail bonds in terms of the

          above mentioned order shall not be delayed for purpose of the

          same on in the name of verification.

                       (v) the Court below shall verify the criminal

          antecedent of the petitioner except in cases which have been

          mentioned in para-3 of the petition, registered for the offence

          under Section 30A of the Bihar Prohibition and Excise Act and,

          in case at any stage it is found that the petitioner has concealed

          his criminal antecedents, the court below shall take step for

          cancellation of bail bonds of the petitioner. However, the

          acceptance of bail bonds in terms of the above mentioned order

          shall not be delayed for the purpose of the same or in the name

          of verification.
            Patna High Court CR. MISC. No.11069 of 2026(2) dt.17-02-2026
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                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T