Prashant Kumar singhversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35828 of 2026
                      Arising Out of PS. Case No.-191 Year-2025 Thana- RAHIKA District- Madhubani
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                 Prashant Kumar Singh Son of Brij Kishor singh @ Vrij kumar singh Resident
                 of village -Dumari P.S -Rahika District -Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   26-05-2026                  Heard the learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Rahika P.S. Case No. 191 of 2025 for allegedly having

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

                   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 22.08.2025, while the informant was on

                   patrolling duty with police personnel, she got a secret

                   information that one Mohammad Alam was selling illicit liquor

                   on an E-Rickshaw. To verify the authenticity of the said

                   information, the informant along with the police personnel

                   reached the place of occurrence. Upon seeing the police party,
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          one person started fleeing away, however on chase, the said

          person was apprehended, who disclosed his name as

          Mohammad Alam and thereafter the E-Rickshaw was seized

          from which total 108 litres of Nepali liquor was recovered. On

          the disclosure made by the arrested person, the police also went

          to seize one another E-Rickshaw, however upon seeing the

          police party, one person managed to escape. From the another

          E-Rickshaw, total 133 litres of the illicit Nepali liquor was also

          seized. Total seizure was made to the tune of 241 litres.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence.

          The name of the petitioner has transpired in the present case,

          since he happens to be the owner of one E-Rickshaw from

          which 108 litres of illicit Nepali liquor is alleged to have been

          seized. The learned counsel for the petitioner further submits

          that the petitioner had given the E-Rickshaw in question to co-

          accused, Mohammad Alam for running the same and the

          petitioner used to collect daily amount from him. The petitioner

          has got no knowledge about the storage of illicit liquor on the

          said E-Rickshaw and the petitioner is running E-Rickshaw for

          his livelihood. He further submits that the petitioner has got a

          clean antecedent.
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                       6. Per contra, the learned APP appearing on behalf of

          the State opposes the prayer for bail of the petitioner.

                       7. Having considered the rival submissions and after

          going through the records, it appears that 108 litres of Nepali

          liquor was recovered from the E-Rickshaw, which is said to be

          owned by the petitioner. The petitioner was not present at the

          place of occurrence and his name transpired in the present case,

          since he was the owner of the one of the E-Rickshaw. The

          petitioner has got a clean antecedent and nothing has been

          recovered from his possession.

                       Considering the aforesaid facts, let the 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 Exclusive

          Special Judge Excise, Madhubani in connection with Rahika

          P.S. Case No.191 of 2025, 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
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                       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/Pallavi

U       T