Arvind KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31448 of 2026
                  Arising Out of PS. Case No.-179 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
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                 Arvind Kumar S/O Late Nagendra Prasad R/O Vill.- Ghushiya Khurd, Post-
                 Ghushiya Kala, P.s.- Vikramganj, Dist.- Rohtas at Sasaram

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr. Ashutosh Kumar Pandey
                                          :         Mr. Parth Gaurav
                 For the Opposite Party/s :         Mr. Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                    Heard Mr. Ashutosh Kumar Pandey, learned counsel

                   for the petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   11.04.2026 in connection with Excise Kaimur P.S. Case No. 179

                   of 2026 for the offences punishable under Sections 30(a), 32(i)

                   (iii) and 41(i)(ii) of the Bihar Prohibition and Excise

                   Amendment Act.

                                3. The case of the prosecution, in short, is that the

                   allegation against the petitioners/ is of recovery of 34.560 liters

                   of illegal liquor from the cartoon tied on the rear seat of the

                   motorcycle.

                                4. Learned counsel for the petitioner submits that it
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          appears from the FIR and seizure list that nothing has been

          recovered from the conscious possession of the petitioner rather

          the recovery has been made from the motorcycle in question and

          petitioner is not the owner of the motorcycle in question. It is

          next submitted that the petitioner has been made an accused in

          this case merely on the basis of suspicion and except the

          aforesaid nothing has come to suggest the involvement of the

          petitioner with the present occurrence and petitioner is in

          custody since 11.04.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of three cases other than

          the present case but fairly submits that petitioner is on bail in the

          pending 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 Court of

          Exclusive Special Judge, Excise-II, Kaimur at Bhabhua in

          connection with Excise Kaimur P.S. Case No. 179 of 2026,

          subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
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                     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

                     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)
Gaurav Sinha/-

U      T