Mahavir Patel @ Mahavir RautversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34050 of 2026
                     Arising Out of PS. Case No.-78 Year-2026 Thana- DARPA District- East Champaran
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                 Mahavir Patel @ Mahavir Raut S/o Late Basudeo Raut Resident of village-
                 Mahuawa, P.S- Darpa, District- East Champaran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Brajendra Nath Pandey, APP
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                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Darpa P.S. Case No. 78 of 2026 registered for the offences

                   punishable under Sections 274, 275 of the B.N.S. and section

                   30(a) of the Bihar Prohibition & Excise (Amendment) Act,

                   2022.

                                3. As per the prosecution story which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that on 09.04.2026 at about 14.00 hours, while the

                   informant along with police personnel was on patrolling duty, he

                   received a secret information that the petitioner has concealed

                   illicit liquor in the soil in front of his house and is selling the

                   same. Upon receiving the said information, the informant after
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          giving information to the higher officials, reached near the place

          of occurrence, where the said illicit liquor is alleged to have

          been concealed. Upon seeing the police party, one person

          managed to flee away, however the local Chowkidar disclosed

          his name as the petitioner. Upon search, in front of the house of

          the petitioner, in the soil total 15 litres of Nepali country made

          liquor was recovered, for which seizure list was prepared.

                       4. The learned counsel for the petitioner submits that

          15 litres of Nepali country made liquor was recovered from the

          soil in front of the house of the petitioner, but the said land does

          not belong to the petitioner. The name of the petitioner has

          transpired in this case on the basis of disclosure made by the

          local Chowkidar. The petitioner was not present at the place of

          occurrence and nothing has been recovered from his possession.

          The local Chowkidar is in inimical term with the petitioner and

          therefore, the name of the petitioner has been dragged in this

          case. He further submits that the petitioner has got one criminal

          antecedent bearing Darpa P.S. case no. 139 of 2013 for offence

          punishable under Section 30(a) of the Excise Act.

                       5. The learned A.P.P. for the State submits that the

          petitioner is an accused in similar nature of case and therefore

          he does not deserve anticipatory bail in the present case.
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                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that 15 litres of

          Nepali country made liquor was recovered from the soil near the

          house of the petitioner. Although, the petitioner was not present

          at the place of occurrence. Since the petitioner was not present

          at the place of occurrence, there is no question of recovery made

          from him. The name of the petitioner has transpired in this case

          on the basis of statement given by the local Chowkidar who is

          said to have identified the petitioner and apart from the said

          statement, there is nothing against the petitioner. Considering

          the same, let the above named petitioner, in the event of

          arrest/surrender within a period of six weeks, be enlarged on

          bail on furnishing bail-bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Excise Court No. 02, East Champaran

          at Motihari in connection with Darpa P.S. Case No. 78 of 2026,

          subject to conditions as laid down under Section 438(2) of the

          Code of Criminal Procedure/ 482(2) of the Bhartiya Nagrik

          Suraksha Sanhita, 2023 with further condition:

                       (i) The trial court 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
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                         concerned shall take step for cancellation of bail bonds 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.




                                                     (Ritesh Kumar, J)

vinita/-

U          T