Rohit ChoudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31150 of 2026
                 Arising Out of PS. Case No.-208 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
                 Rohit Choudhary son of Kailash Choudhary Resident of Ruidhasa, ward no.
                 23, P.s. -Kishanganj, District- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Raj Kumar, Advocate
                 For the State             :     Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                          Heard Mr. Raj Kumar, learned counsel for the

                   petitioner and Md. Iftekhar Mahmood, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   13.04.2026, in connection with Special Case No. 127 of 2026

                   arising out of Kochadhaman P.S. Case No. 208 of 2026, F.I.R.

                   dated 13.04.2026 registered for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition & Excise Amendment

                   Act, 2016.

                                 3. Recovery is of 264.28 litres of foreign liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely 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 made from the
Patna High Court CR. MISC. No.31150 of 2026(2) dt.08-05-2026
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          conscious possession of the petitioner rather recovery has been

          made from the vehicle in question and alaotgether 264.28 litres

          of foreign liquor was recovered from the vehicle in question and

          petitioner is not the owner of the vehicle in question. The

          petitioner is in custody since 13.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries three more

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of       learned     Exclusive Special Judge (Excise-I),

          Kishanganj in connection with Special Case No. 127 of 2026

          arising out of Kochadhaman P.S. Case No. 208 of 2026, subject

          to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
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                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

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

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T