Ranjeet KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35489 of 2026
                        Arising Out of PS. Case No.-46 Year-2026 Thana- DEV District- Aurangabad
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                 Ranjeet Kumar S/o Surendra Mehta Resident of Village- Khushiyalpur, P.S.-
                 Deo, District – Aurangabad                               .. ... Petitioner/s
                                                Versus
                 The State of Bihar                              ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Nath Jha, APP
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                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER
2   21-05-2026                          Heard the learned counsel for the petitioner and

                   the learned APP for the State.

                                   2. The petitioner apprehends his arrest in connection

                   with Deo P.S. Case No. 46 of 2026, for allegedly having

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

                   and Excise Act.

                                   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 while he was on vehicle checking

                   drive, in the meantime, he got a secret information that one Appe

                   tempo having registration no. BR 24 PA 4025 is loaded with

                   liquor and three persons are riding a motorcycle, working as a

                   liner. After giving information to the higher officials, the

                   informant along with police party started waiting for the said

                   vehicle to come. At around 22:20 hours, he saw a yellow and

                   black tempo coming from Ketaki. The informant after giving
Patna High Court CR. MISC. No.35489 of 2026(2) dt.21-05-2026
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          tourch-light on said vehicle, tried to stop him, however the driver

          started to flee away along with the vehicle. Upon chase, the

          tempo was apprehended along with the driver, who disclose his

          name as Bablu Kumar. Upon search of the said tempo, around

          178.2 litres of country made liquor was recovered and seizure list

          was also prepared.

                          4. The learned counsel for the petitioner submits

          that the petitioner is innocent and has not committed any offence.

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

          His name transpired in the present case on the basis of the

          confessional statement given by the apprehended person and

          nothing has been recovered from petitioner. The petitioner has

          got no concern either with the seized tempo or with the seized

          liquor and the petitioner is neither the driver of the said tempo,

          nor the owner or even a passenger in the said tempo. She further

          submits that the petitioner has got a clean antecedent.

                          5. Per contra, the learned APP for the State

          vehemently opposes the prayer for bail of the petitioner.

                           6. Having heard the rival submissions and after

          going through the record, it appears that total 178.2 litres of

          liquor was recovered from the Auto bearing Registration No. BR

          24 PA 4025. The petitioner was not apprehended at the place of

          occurrence and therefore, no question of any recovery from him.
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                    His name transpired in the present case on the basis of the

                    statement given by the apprehended co-accused before the

                    police. The petitioner has got a clean antecedent. Considering the

                    facts and circumstances of the case, let the petitioner, above

                    named, 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 the learned Court of District & Addl.

                    Sessions Judge-cum-Exclusive Special Judge, Excise Court No. -

                    01, Aurangabad subject to the conditions as laid down under

                    Section 482(2) of the B.N.S.S., with further condition:

                                 (1) 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 antecedents,

                    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)

Ajay/Ashutosh/-
U      T