Badahru RamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33467 of 2026
                    Arising Out of PS. Case No.-29 Year-2026 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Badahru Ram S/o Awadhesh Ram Resident of Village- Sonvarsha, P.S.-
                 Charpokhari, District-Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ravindra Kumar, Advocate
                 For the State           :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                     Heard Mr. Ravindra Kumar, learned counsel for the

                   petitioner and Mr. Suresh Prasad Singh, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   30.03.2026, in connection with Charpokhari P.S. Case No. 29 of

                   2026, F.I.R. dated 18.02.2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise (Amendment) Act, 2022.

                                 3. Recovery is of 105.00 litres of country made liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent 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 recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.33467 of 2026(2) dt.14-05-2026
                                            2/3




          rather recovery has been made from the open place and the

          name of the petitioner has been transpired on the basis of

          disclosure made by local choukidar and except the aforesaid, no

          other cogent matrial has come during investigation to suggest

          the involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 30.03.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedents and

          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 Excise Court-I,

          Bhojpur, Ara, in connection with Charpokhari P.S. Case No. 29

          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

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient
               Patna High Court CR. MISC. No.33467 of 2026(2) dt.14-05-2026
                                                           3/3




                         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