Sunil KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29198 of 2026
                     Arising Out of PS. Case No.-22 Year-2026 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Sunil Kumar S/o Naurangi Paswan R/o Village- Kajpa, P.S- Rafiganj, Distt.-
                 Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs.Mukul Kumari, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends arrest in connection with

                   Rafiganj PS. Case No. 22 of 2026 dated 24-01-2026 instituted

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

                   (Amendment) Act, 2022.

                                3. The allegation is of recovery of 160 litres of spirit

                   and a Splendor motorcycle bearing Registration No. JH 03M

                   8996 from a field in village Bahadurpur near the cremation

                   ground behind the banyan tree near the straw.

                                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
Patna High Court CR. MISC. No.29198 of 2026(2) dt.06-05-2026
                                            2/3




          petitioner or from his house. It is further submitted that the

          petitioner has no concern whatsoever with the seized illicit spirit

          and is not the owner of the said motorcycle which was seized at

          the time of occurrence. The recovery has been made from an

          open place accessible to one and all and the petitioner has been

          implicated in the instant case only on the basis of secret

          information. The other co-accused, namely Chhotu Kumar and

          Ravi Kumar, have already been granted anticipatory bail by a

          Co-ordinate Bench of this Court vide order dated 25.03.2026

          passed in Cr. Misc. No. 16785 of 2026. Lastly, it is submitted

          that the petitioner has no criminal antecedents.

                       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

          District and Additional Sessions Judge-cum-Exclusive Special

          Judge, Excise Court No. 1, Aurangabad, in Rafiganj PS. Case

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

          482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
           Patna High Court CR. MISC. No.29198 of 2026(2) dt.06-05-2026
                                                       3/3




                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U      T