Tuntun @ Farukh AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32163 of 2026
                  Arising Out of PS. Case No.-47 Year-2026 Thana- SAHODARA District- West Champaran
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                 Tuntun @ Farukh Alam S/O Late Murtuza Shekh Rersident of Village-
                 Parsauni, Ward No. 2, P.S- Sahodra, Distt.- West Champaran, Bettiah, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Preeti Kumari
                 For the Opposite Party/s :      Ms. Pushpa Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                        Heard Ms. Preeti Kumari, learned counsel for the

                   petitioner and Ms. Pushpa Sinha, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   25.03.2026 in connection with Sahodra P.S. Case No. 47 of

                   2026 for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Amendment Act.

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

                   allegation against the petitioner is of recovery of 24.3 liters of

                   liquor from the vehicle.

                               4. Learned counsel for the petitioner submits that it

                   appears from the FIR that recovery is of 24.3 liters of liquor

                   from the vehicle. It is next submitted that petitioner is not the

                   owner of the vehicle in question and he has been made an
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          accused in the present case 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 25.03.2026.

                      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 Exclusive

          Special Judge, Excise Court-II, Bettiah, West Champaran in

          connection with Sahodra P.S. Case No. 47 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

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

                       ii. If the petitioner tampers with the evidence or the
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                     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