Raja Kumar @ Raja Kumar MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33903 of 2026
                   Arising Out of PS. Case No.-39 Year-2026 Thana- MADHWAPUR District- Madhubani
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                 Raja Kumar @ Raja Kumar Mahto S/O Satynarayan Mahto Resident of
                 Village- Bihari Gopal Patti, P.S.- Madhwapur, District- Madhubani


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


                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :      Mrs. Pronoti 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.

                                 2. The petitioner is apprehending his arrest in

                   connection with Madhwapur P.S. Case No.39 of 2026, F.I.R

                   dated 11.03.2026 registered for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2018 and Sections 274, 275 and 3(5) of the B.N.S., 2023.

                                 3. As per the prosecution case, on 11.03.2026, it is

                   alleged that during night patrolling and raid duty on 10.03.2026,

                   the police received confidential information from the Bihar
Patna High Court CR. MISC. No.33903 of 2026(2) dt.20-05-2026
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          Prohibition and Narcotics Control Unit, Patna regarding

          transportation of a large consignment of liquor in a pickup van

          by alleged liquor smuggler Raja Kumar of village Bihari Gopal

          Patti. Acting upon the information, the police reached near

          village Bihari Tomar, where they noticed several persons

          gathered near a pickup van. On seeing the police vehicle lights,

          the persons allegedly fled away taking advantage of darkness.

          The police seized the pickup van bearing registration no.

          BR06GB-1128 and recovered 30 plastic bags and 150 cartons

          containing Nepali country-made liquor, amounting to 4500

          bottles of 300 ml each, totalling 1350 litres. A seizure list was

          prepared at the spot in presence of two witnesses.

                       4. Learned counsel for the petitioner submits that the

          recovery has been made from the pick-up van bearing

          Registration No. BR06GB-1128, of which the petitioner is not

          the owner nor the driver and the petitioner has nothing to do

          with the seized liquor and because of his antecedent, the

          petitioner has been roped in the instant case. It has further been

          submitted that the petitioner is a poor person and is earning his

          livelihood by rendering his services as a labour. The search and

          seizure is said to have been made without adhering to the

          procedures / provisions prescribed under the B.N.S.S. Act.
Patna High Court CR. MISC. No.33903 of 2026(2) dt.20-05-2026
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                       5. Learned counsel for the petitioner, on instructions

          and without accepting his guilt, proposes to deposit a sum of Rs.

          5,000/- (Rupees Five Thousand only) in the welfare account of

          the Advocates' Association of the Patna High Court.

                       6. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       7. Regard being had to the submission made by the

          parties, taking into consideration the fact that illicit liquor has

          not been recovered from the constructive possession and / or

          premises belonging to the petitioner and the petitioner is not the

          owner nor the driver of the said vehicle and because of his

          antecedent, the petitioner has been roped in the instant case,

          accordingly, this Court is inclined to grant anticipatory bail to

          the petitioner.

                       8. Let the petitioner, above named, be released on

          anticipatory bail in the event of 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 Judge, Excise, Madhubani, in

          connection with Madhwapur P.S. Case No.39 of 2026 subject to

          the condition as laid down under Section 482(2) of the B.N.S.S.,
           Patna High Court CR. MISC. No.33903 of 2026(2) dt.20-05-2026
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                     2023, and on production of the receipt showing deposit of

                     Rs.5000/- as proposed on behalf of the petitioner, in the welfare

                     account of the Advocates' Association of the Patna High Court.



                                                   (Ajit Kumar, J)
sharun/-

U      T