Vinay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32486 of 2026
                     Arising Out of PS. Case No.-81 Year-2022 Thana- NATIONAL HIGHWAY District-
                                                        Samastipur
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                 Vinay Kumar S/o Maksudan Ray, R/V - Chakmirbaki, P.S- Baligaon, District
                 – Vaishali.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with N.H. Bangra P.S. Case No. 81 of 2022, dated

                   09.07.2022, registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act and Sections 272

                   and 273 of the Indian Penal Code.

                                   3. As per the prosecution case, recovery of 263.160

                   litres of illicit foreign liquor was made from a vehicle when the

                   Police conducted the raid on receipt of a tip-off about bringing

                   in of illicit liquor by some miscreants. A number of persons fled

                   away from the spot and the name of the petitioner transpired

                   during investigation as a purchaser of the vehicle from which

                   recovery has been made.
Patna High Court CR. MISC. No.32486 of 2026(2) dt.12-05-2026
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                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. The petitioner was not

          apprehended from the spot and nothing incriminating has been

          recovered from his person or possession. The alleged recovery

          has been made from a Verna car and it is alleged that the

          petitioner is the purchaser of the said vehicle on stamp paper,

          but the same is not registered or transferred in his name.

          Therefore, the implication of the petitioner on this ground is not

          correct. Learned counsel next submits that petitioner is having

          antecedent of three cases. Learned counsel lastly submits that

          petitioner is in custody since 11.04.2026.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner and

          submits that petitioner appears to be habitual offender.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that petitioner was not apprehended from the spot and no

          recovery has been shown from him and also considering his

          period of custody, the petitioner, above-named, is directed to be

          released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like
          Patna High Court CR. MISC. No.32486 of 2026(2) dt.12-05-2026
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                    amount each to the satisfaction of learned Exclusive Special

                    Judge Excise-II, Samastipur / concerned Court, in connection

                    with N.H. Bangra P.S. Case No. 81 of 2022, subject to the

                    condition laid down under Section 480(3) 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.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T