Munna Kushwaha @ Munna KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34237 of 2026
                       Arising Out of PS. Case No.-25 Year-2026 Thana- TILAUTHU District- Rohtas
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                 Munna Kushwaha @ Munna Kumar S/O Vijay Singh R/o Village- Madaripur,
                 P.S-Tillouthu, District- Rohtas, Bihar      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jai Prakash Singh, Advocate
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER
2   19-05-2026                   Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Tillouthu        P.S. Case No. 25 of 2026, registered under

                   Section 30(a) of Bihar Prohibition & Excise Amendment Act.

                                3. As per the prosecution story, which has been

                   lodged on the basis of the written information given by the

                   informant to the effect that while he was on routine patrolling

                   along with police personnel, he saw two vehicles i.e. one Hero

                   Passion Pro and one black colour scooty coming. Upon seeing

                   the police party, both the persons, who were riding the vehicles

                   tried to flee away, however they were apprehended by the police

                   personnel present there. The arrested persons disclosed their

                   names as Ashish Kumar and the person, who was driving the

                   black colour scooty disclosed his name as Aditya Kumar @

                   Monu. Upon search, 25 liter of country made liquor was

                   recovered from the Hero Passion Pro motorcycle and 15 liter of
Patna High Court CR. MISC. No.34237 of 2026(2) dt.19-05-2026
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          country made liquor was recovered from Black colour scooty

          and the alleged country made liquor was seized and the seizure

          list was prepared.

                       4. The learned counsel for the petitioner submits that

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

          been falsely implicated in the present case. He submits that the

          petitioner has got no concern with the alleged seized liquor and,

          since he was not present at the place of occurrence, nothing has

          been recovered from him. His name transpired in the present

          case, since he happens to be the owner of the Black colour

          scooty, which was taken away by his villager, namely, Aditya

          Kumar @ Monu on the said date of occurrence. He further

          submits that the petitioner has got a clean antecedent.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of bail to the petitioner.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that total 40 liters

          of country made liquor has been recovered from two vehicles.

          One of the seized vehicle i.e. black colour Scooty, from which

          15 liter of country made liquor was recovered, being driven by

          Aditya Kumar @ Monu, was registered in the name of the

          petitioner and on the basis of the said recovery and seizure, the
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                     name of the petitioner has transpired in the present case. He was

                     not even present at the place of occurrence. The petitioner has

                     got a clean antecedent. Considering the aforesaid facts and

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

                     arrest/surrender within a period of six weeks from today, be

                     released on anticipatory bail on furnishing bail bonds of Rs.

                     10,000/- (Rupees Fifteen Thousand) with two sureties of the like

                     amount each to the satisfaction of learned Exclusive Special

                     Judge Excise, Court No. 11, Rohtas, Sasaram in connection with

                     Tillouthu P.S. Case No. 25 of 2026, subject to the conditions as

                     laid down under Section 482(2) of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023, and subject to the following condition:-

                                  (I) 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 step 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)
Ajay/Kunal/-

U      T