Vimal Kumar @ Bhimal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17712 of 2026
                 Arising Out of PS. Case No.-116 Year-2025 Thana- JHAROKHAR District- East Champaran
                 ======================================================
                 Vimal Kumar @ Bhimal Kumar Son of Gauri Shankar Ram Resident of
                 Village- Senuvariya, P.S.- Chiraiya, District- East Champaran (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Prasad, Advocate
                 For the Opposite Party/s :      Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

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

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Jharokhar P.S. Case No.116 of 2025, F.I.R

                   dated 19.08.2025 registered for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2018.

                                3. As per the prosecution case, in brief, is that the

                   informant, posted as an Assistant Sub-Inspector at Athmuhan

                   Chauki Border (Special Identity No. 13070071), received secret

                   information through the 71st Battalion of the Sashastra Seema

                   Bal that certain unknown persons were transporting Kasturi

                   Nepali liquor from Nepal to India. Acting on the said

                   information, the informant, along with his team, reached the
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          place of occurrence and noticed three persons approaching on

          motorcycles. When signaled to stop, they attempted to flee, but

          their motorcycle slipped, whereupon they abandoned the

          motorcycles and escaped. From the spot, two motorcycles,

          namely, one Hero Splendor Plus bearing Vehicle No. BR05BJ-

          7534 and one Hero Glamour bearing Vehicle No. BR05AD-

          1023, were recovered. In addition, 160 bottles of Kasturi Nepali

          Liquor, each containing 300 ml, totaling 48 litres, were

          recovered from the place of occurrence, leading to registration

          of the present F.I.R.

                       4. Learned counsel for the petitioner submits that the

          recovery of Kasturi Nepali liquor has been made from an open

          space, which is accessible to all. It has next been submitted that

          the petitioner has falsely been implicated in the present case

          merely on the basis of suspicion and even the recovery has not

          been made from the motorcycle in question, of which the

          petitioner is the owner. Lastly, it has been submitted that the

          petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the fact that illicit liquor has
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                     not been recovered from the constructive possession and / or

                     premises belonging to the petitioner and the petitioner has clean

                     antecedent, accordingly, this Court is inclined to grant

                     anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below within a period of four weeks from today on

                     furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned Exclusive Special Excise Court No.- 03, Civil Court

                     East Champaran, Motihari, in connection with Jharokhar P.S.

                     Case No.116 of 2025 subject to the condition as laid down under

                     Section 482(2) of the B.N.S.S., 2023.



                                                   (Ajit Kumar, J)
sharun/-

U      T