Mantosh TiwariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29494 of 2026
                        Arising Out of PS. Case No.-108 Year-2026 Thana- RAJPUR District- Buxar
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                 Mantosh Tiwari S/O Late Lalan Tiwari Resident of Village- Khiri, Police
                 Station- Rajpur, District- Buxar.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Rai Sharma, Advocate
                 For the Opposite Party/s :       Ms. Anita Kumari, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                      Heard Mr. Manish Rai Sharma, learned counsel for

                   the petitioner and Ms. Anita Kumari, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   25.03.2026 in connection with Rajpur P.S. Case No. 108 of

                   2026, F.I.R. dated 25.03.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 136.22 liters of liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has

                   been made from motorcycle in question. As per allegation in the
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          FIR 69.1 litre of liquor has been recovered from the motorcycle

          of co-accused and 48.3 liter of liquor has been recovered from

          the motorcycle of the petitioner. He further submits that seizure

          list witnesses are police personnel and there is non-compliance

          of Section 103 and 105 of BNSS and the petitioner is in custody

          since 25.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries five criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Excise Special Court No.1, Buxar in connection with Rajpur

          P.S. Case No. 108 of 2026, subject to the following conditions:-

                        i. 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
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                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. 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.

                                   iii. 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 antecedent, 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)
Suruchi/-

U      T