Badari Prasad @ Badri PrasadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29430 of 2026
                     Arising Out of PS. Case No.-62 Year-2026 Thana- GOVINDPUR District- Nawada
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                 Badari Prasad @ Badri Prasad S/o Late Yamuna Prasad @ Jamuna Prasad
                 Resident of Village - Bari Gulni, P.S. - Pakaribarwan, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akhilesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                     Heard Mr. Akhilesh Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Anuj Kumar

                   Shrivastava, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Govindpur P.S. Case No. 62 of 2026 registered for the

                   offence(s) punishable under Sections 30(a) and 41 of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 5.950 litres

                   of illicit liquor was recovered from a motorcycle bearing

                   Registration No.BR27T9477.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. Admittedly, at the time of

                   the alleged seizure and recovery of illicit liquor, petitioner was
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          not present and he has been made accused in this case, being the

          owner of the motorcycle in question, which was given by the

          petitioner to his villager in good faith and the same was being

          driven by him at the time of said incidence and as such the

          petitioner had no idea that he was carrying liquor on the said

          motorcycle. Petitioner has clean antecedent.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR I find that the petitioner has clean antecedent

          and he is the owner of the motorcycle. He was not found at the

          place of occurrence. The State too has failed to implement its

          liquor policy in its true spirit. I am of the opinion that petitioner

          has, prima facie, made out a case to be released on pre-arrest

          bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court 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          Concerned Court where the case is
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                     pending in connection with Govindpur P.S. Case No. 62 of

                     2026, subject to the conditions as laid down under Section

                     482(2) of the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T