Rahul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34229 of 2026
                    Arising Out of PS. Case No.-119 Year-2026 Thana- AKHODHIGOLA District- Rohtas
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                 Rahul Kumar S/o Sanjay Paswan R/o Village - Bahori Bigha, P.S - Akorhigola
                 District - Rohtas

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr.Prawal Mani Tripathi, Advocate
                 For the Opposite Party/s :      Mr.Akbar Ali, APP
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                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   19-05-2026                    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 Akorhigola P.S. Case No. 119 of 2026 registered for the

                   offences punishable under 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 22.03.2026 at about 10:00 A.M. he along with

                   the police personnel was on patrolling duty. At about 14:20 hrs

                   when reached near Karkatpur Village, he received a secret

                   information that the petitioner is selling liquor by keeping the

                   same in the field near his house. Upon receiving the secret

                   information, the informant after informing the Senior officials,
Patna High Court CR. MISC. No.34229 of 2026(2) dt.19-05-2026
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          proceeded for verification of the said information. When he

          reached near Bahori Bigha at about 14:50 hours, one person

          started fleeing with two plastic sacks. An attempt was made to

          chase and arrest that person, however he managed to escape.

          Upon search, 25.400 litres of country made liquor was

          recovered and the seizure list was prepared accordingly.

                       4. The learned counsel for the petitioner submits that

          the petitioner is quite innocent and has not committed the said

          offence. The petitioner was not even present at the place of

          occurrence and nothing has been recovered from possession of

          the petitioner. The petitioner has been implicated in the present

          case due to enmity and on the disclosure made by the

          local Chowkidar. the name of petitioner transpired in the present

          case. He further submits that the petitioner has got a clean

          antecedent.

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

          for bail of the petitioner.

                       6. Having considered the rival submissions and after

          going through the records, it appears that total 25.400 litres of

          country made liquor was seized, however, the petitioner was not

          present at the place of occurrence. Name of the petitioner

          transpired during course of investigation and on the basis of the
             Patna High Court CR. MISC. No.34229 of 2026(2) dt.19-05-2026
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                       information given by the local Chowkidar. The petitioner has

                       got a clean antecedent. Considering the above, let the petitioner,

                       named above, in the event of arrest or surrender within a period

                       of six weeks, be released 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 Judge,

                       Excise Court No.1, Rohtas at Sasarami in connection with

                       Akorhigola P.S. Case No. 119 of 2026, subject to conditions as

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

                       condition:

                                    (i) 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

                       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/-
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