Amarjeet SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33762 of 2026
                       Arising Out of PS. Case No.-128 Year-2026 Thana- MAHUA District- Vaishali
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                 Amarjeet Sah Son of Rajkishore Sah Resident of Village- Govindpur Singhara
                 Bujurg, P.S.- Mahua, District- Vaishali

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar, Adv.
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   20-05-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State through virtual mode.

                           2. The petitioner is apprehending his arrest in connection

                   with Mahua P.S. Case No. 128 of 2026 dated 21.02.2026

                   registered for the offence punishable under Section/s 274, 275

                   of the B.N.S. and Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                           3. As per the prosecution case, the Police have recovered

                   total 187.350 liters of illicit English liquor from the closed

                   godown of the petitioner.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   instant case. Learned counsel for the petitioner submits that the

                   recovery of the seized article has been made from the godown
Patna High Court CR. MISC. No.33762 of 2026(2) dt.20-05-2026
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          which does not belong to the petitioner, while the seizure has

          been made in violation of Section 103 of the B.N.S.S. It is next

          submitted that the petitioner is not named in the F.I.R. and his

          name has transpired in this case on the basis of disclosure made

          by the local Chowkidar. It is lastly, it is submitted that the

          petitioner is a person of clean antecedent.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that the recovery is said to have been made

          from the godown which does not belong to the petitioner and, as

          also, the petitioner having no criminal antecedent, let the

          petitioner, above named, be released on anticipatory bail in the

          event of his arrest or surrender before the court below within a

          period of four weeks from today 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 No.2 -cum- District and Additional Sessions

          Judge, Hajipur, Vaishali in connection with Mahua P.S. Case

          No. 128 of 2026, subject to the condition as laid down under

          Section 482(2) of the B.N.S.S. as well as the following

          conditions:
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                                (i)   One      of    the    bailors     should   be   the   family

                        member/relative/known of the petitioner(s) who shall provide

                        official document / personal affidavit to show his/her bona fide;

                                (ii) the petitioner(s) shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his bail

                        bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T