Birendra Mishra @ Virendra MishraversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29185 of 2026
                          Arising Out of PS. Case No.-101 Year-2019 Thana- KOPA District- Saran
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                 Birendra Mishra @ Virendra Mishra S/o Vikram Mishra R/o Village - Rith,
                 P.S.- Ekma, District- Saran. At present- T-31, East Mehram Nagar, Palam
                 Airport, Moradabad Pahari, Delhi Cantt, South West Delhi, Delhi- 110010.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anjani Parashar, Advocate
                 For the Opposite Party/s :        Mrs.Renuka Ratnakar, APP
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                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends arrest in connection with

                   Kopa PS. Case No. 101 of 2019 dated 6.7.2019 instituted under

                   Sections 30(a)/45 of the Bihar Prohibition and Excise Act.

                                3. The allegation is of recovery of 561.27 litres of

                   illicit foreign liquor from a truck bearing Reg. No. UP-50BT

                   2633 parked near the poultry farm of co-accused Vikash Singh.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that no incriminating article

                   has been recovered either from the conscious possession of the

                   petitioner or from his house. It is further submitted that the
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          alleged recovery of illicit liquor was made from a truck parked

          near the poultry farm of co-accused Vikash Singh and the

          petitioner has no nexus either with the said truck or with the

          seized illicit liquor. According to learned counsel, the petitioner

          has been made an accused merely on the basis of the disclosure

          made by the local chowkidar, namely Ramji Ray, on account of

          his past criminal antecedents. Lastly, it is submitted that though

          eight criminal cases are pending against the petitioner, he is on

          bail in all those cases.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, in

          the event of arrest or surrender before the Court below within

          six weeks from today, the petitioner be released on bail upon

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Exclusive Special Excise Court No. 3,Saran at Chapra, in Kopa

          PS. Case No. 101 of 2019, subject to the conditions laid down in

          Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023

          and further (i) that the petitioner shall co-operate in the trial and

          shall be properly represented on each and every date fixed by

          the Court and on his absence on two consecutive dates without
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                     sufficient reason, his bail bond shall be cancelled by the court

                     below, (ii) that one of the bailors will be his own blood relation,

                     preferably father, mother, brother, sister and or his wife, (iii) that

                     the bailor shall also state on affidavit that he will inform the

                     court concerned if the petitioner is made accused in any other

                     case of similar nature after his release in the present case and

                     thereafter the court below will be at liberty to initiate the

                     proceeding for cancellation of bail on ground of misuse (iv) that

                     if the petitioner tampers with the evidence or the witnesses, in

                     that case, the prosecution will be at liberty to move for

                     cancellation of bail and (v) that the petitioner will appear before

                     the SHO of concerned PS in the first week of each month till

                     conclusion of the trial.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

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