Ankush KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24274 of 2026
                    Arising Out of PS. Case No.-47 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
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                 Ankush Kumar S/O Munilal Ram R/O Village- Bhathwa Mord, P.S. -
                 Kuchaikot, District- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Anand Verdhan, Advocate
                 For the State           :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                      Heard Mr. Anand Verdhan, learned counsel for the

                   petitioner and Mr. Anil Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   30.01.2026, in connection with Kuchaikot P.S. Case No. 47 of

                   2026, F.I.R. dated 30.01.2026                registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition &

                   Excise Amendment Act, 2022.

                                 3. Recovery is of 373.00 litres of country made liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.              He further submits that it

                   appears from the F.I.R. as well as seizure list that altogether

                   373.00 litres of country made liquor was recovered from the

                   vehicle in question. It appears from the aforesaid that nothing
Patna High Court CR. MISC. No.24274 of 2026(2) dt.15-04-2026
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          has been recovered from the conscious possession of the

          petitioner there is non-compliance of Sections 103 and 105 of

          BNSS, 2023 and the petitioner is in custody since 30.01.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          nothing has been recovered from the conscious possession of

          the petitioner and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

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

          satisfaction of learned District & Additional Sessions Judge-

          IV-cum-Exclusive Special Excise Court-II, Gopalganj in

          connection with Kuchaikot P.S. Case No. 47 of 2026, subject to

          the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
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                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that 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 antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

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

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T