Raja KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17612 of 2026
                    Arising Out of PS. Case No.-22 Year-2026 Thana- KATHAIYA District- Muzaffarpur
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                 Raja Kumar S/o Ram Ashish Ram R/o Vill- Mahima Gopinathpur, PS-
                 Kathaiya, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Adv
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kathaiya P.S. Case No. 22 of 2026, registered for the

                   offence punishable under Sections 30(a), 32(2), 32(3), 36, 41(1),

                   41(2) of Bihar Prohibition and Excise (Amendment) Act.

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

                   21.01.2026, the informant while conducting a raid accompanied

                   by an armed force, arrived near Aswari Banjariya Market. At

                   abour 18:20 hours, he received a confidential information that

                   on the road situated in front of Raja Kumar's house in
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          Gopinathpur village, Raja Kumar and Rajkumar were in

          possession of a Bolero pickup truck containing illicit foreign

          liquor concealed beneath a layer of paddy husk. Acting upon

          this information, the informant proceeded to the aforementioned

          location with his force, where he observed two individuals

          unloading plastic sacks. Upon seeing the police, the two men

          jumped down from the vehicle and tried to flee. Although the

          police gave chase, the two individuals successfully evaded

          capture by taking advantage of the narrow lanes and the cover

          of darkness. The local villagers disclosed the names of fled

          persons as Raja Kumar (petitioner) and Raj Kumar. On search,

          total 889.200 liters of illicit foreign liquor and 12 sacks of paddy

          husk was recovered from the pickup van.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Nothing has been recovered from the conscious

          physical possession of the petitioner. He further submits that the

          petitioner has one criminal antecedent.

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

          anticipatory bail.

                       6. Considering the fact that the petitioner was not

          apprehended on the spot and therefore, no recovery was made
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          from the conscious physical possession of the petitioner further

          taking into account that the search and seizure memo has not

          been signed by two independent witnesses which puts a serious

          question mark over the validity of the seizure itself and also the

          fact that the petitioner has only one criminal antecedent, this

          Court is inclined to grant privilege of anticipatory bail to the

          petitioner.

                        7. Let the petitioner, named above, in the event of his

          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

          each to the satisfaction of the learned Exclusive Special Judge,

          Excise-II, Muzaffarpur in connection with Kathaiya P.S. Case

          No. 22 of 2026, subject to the conditions laid down under

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

          as also further condition that:-

                        (i)   the     petitioner      shall    co-operate   in   the

          investigation/trial.

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

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

          the petitioner has concealed his criminal antecedent, the Court

          below shall take step for cancellation of bail bond of the
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                        petitioner. However, it is expected that the verification process

                        would be done expeditiously without causing any delay.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T