AsifversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30301 of 2026
                    Arising Out of PS. Case No.-289 Year-2025 Thana- MANIYARI District- Muzaffarpur
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                 Asif S/o Md. Islam, Resident of Village - Lamba, P.S. - Mandrela, Dist. -
                 Jhunjhunun, State - Rajasthan.
                                                                             ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
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                 Appearance :
                 For the Petitioner        :      Mr. (Dr.) Bipin Chandra, Advocate
                 For the State             :      Mr. Md. Nazir Ansari, APP
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                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   08-05-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2.   In   the   present     case,     the    petitioner         is

                   apprehending his arrest in connection with Maniyari P.S. Case

                   No. 289 of 2025, dated 08.10.2025, registered for the offences

                   punishable under Sections 340(2), 318(4) and 111 of the B.N.S.,

                   2023 and Sections 30(a), 36 and 41(1) of the Bihar Prohibition

                   and Excise Act.

                                      3. As per prosecution case, Police received secret

                   information about transportation of illicit liquor in a container

                   truck and a pick-up vehicle. A raid was conducted and some

                   persons fled away on seeing the Police party leaving behind

                   three vehicles; a ten wheeler container truck, a pick-up vehicle

                   and a Mahindra Thar. From the Mahindra Thar, co-accused

                   Ankit Kumar was apprehended, who disclosed the name of the
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          other co-accused Suraj Kumar who used to bring illicit liquor

          and provide the same to different persons. From the container

          truck, hidden behind a detergent bag, recovery of 1615.68 litres

          of Indian made foreign liquor was recovered. Further recovery

          of 86.4 litres of illicit liquor was made from Mahindra Bolero

          pick-up vehicle and recovery of 43.2 litres of foreign liquor was

          made from Mahindra Thar vehicle. The petitioner is stated to be

          the owner of container truck.

                          4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in this

          case. Petitioner has given his truck for plying to his driver and

          was not knowing that driver has used the said truck for

          bootlegging illicit liquor in the state of Bihar. Learned counsel

          further submits that petitioner is having clean antecedent.

          Another similarly placed co-accused who is the owner of

          Mahindra pick-up vehicle has been granted the privilege of

          anticipatory bail by a learned co-ordinate Bench of this Court

          vide order dated 17.02.2026 passed in Cr. Misc. No. 8078 of

          2026.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioner.

                          6. Having regard to the facts and circumstances and
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                    submissions made on behalf of the parties and considering the

                    fact that petitioner is stated to be the owner and further

                    considering the lack of substantive material to show his

                    complicity and also considering his clean antecedent and

                    possiblity of false accusation, let the petitioner, above-named, in

                    the event of his arrest or surrender before the Court concerned

                    within a period of eight weeks from today, be released on bail,

                    on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

                    Only) with two sureties of the like amount each to the

                    satisfaction of learned Exclusive Special Judge, Excise Court

                    No. II, Muzaffarpur, in connection with Maniyari P.S. Case

                    No. 289 of 2025, subject to the conditions as laid down under

                    Section 482(2) of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the Court below, if so required by the

                    learned trial Court.


                                                                (Arun Kumar Jha, J)

Shahnawaz/-

U     T