Kari Das @ Laxhman KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34054 of 2026
                    Arising Out of PS. Case No.-73 Year-2026 Thana- BIBHUTIPUR District- Samastipur
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                 Kari Das @ Laxhman Kumar Son of Late Ram Prakash Das @ Ram Pragash
                 Das Resident of village- Ward No 2, Singhia Buzurg, Police Station
                 -Bibhutipur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 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. appearing for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bibhutipur P.S. Case No.73 of 2026, for allegedly having

                   committed offence under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                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 14.02.2026, at about 16:00 hours, while the

                   informant was on patrolling duty along with the police

                   personnel, he received a tip-off that Kari Das and his brother,

                   Shravan Das were selling liquor from a hut in Ward No.2. The

                   informant along with police party reached near the place of
Patna High Court CR. MISC. No.34054 of 2026(2) dt.18-05-2026
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          occurrence at around 06:40 p.m., however upon seeing the

          police party, two persons fled away from there. The local people

          identified the persons who fled away as the petitioner and

          Shravan Das. During search, total 9.970 litres of Indian made

          foreign liquor was recovered from the hut for which seizure list

          was prepared.

                       4. The learned counsel for the petitioner submits that

          the petitioner was not present at the place of occurrence and he

          is not the owner of the hut. The recovery has been made from a

          place which is open and accessible to all. The alleged liquor,

          which has been seized, does not belong to the petitioner and he

          has got a clean antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that the petitioner

          has been named as an accused in the present case only on the

          basis of the identification of the local people, who are said to

          have identified the petitioner and one Shravan Das, as the

          persons who were selling liquor. Nothing has been recovered

          from the petitioner and he has got a clean antecedent.

                       7. Taking into consideration the facts aforesaid, let the
               Patna High Court CR. MISC. No.34054 of 2026(2) dt.18-05-2026
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                         petitioner, above-named, in the event of his arrest or surrender

                         within a period of six weeks, 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 the learned

                         Special Judge (Excise)-I, Samastipur in connection with

                         Bibhutipur P.S. Case No.73 of 2026, subject to the conditions

                         laid down under Section 482(2) of the B.N.S.S. with a further

                         condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioner and in case at any stage it is found

                         that the petitioner has concealed his criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bond of

                         the petitioner. However, the acceptance of bail bond in terms of

                         the above-mentioned order shall not be delayed for purpose of

                         or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T