Shashi Kumar @ Shashikant KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36003 of 2026
                       Arising Out of PS. Case No.-94 Year-2026 Thana- MAHNAR District- Vaishali
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           1.     Shashi Kumar @ Shashikant Kumar S/o Ram Eshwar Singh R/o Village -
                  Ward no. -09, Makkanpur, Post - Jandaha, P.S. - Mahnar, Dist. - Vaishali,
                  Bihar, 844505.
           2.    Pramod Singh @ Pramod Kumar Singh S/o Laxman Singh @ Laxan Singh
                 R/o Village - Makkanpur, Near Shiv Mandir, P.o. - Jandaha, P.S. - Mahnar,
                 Dist. - Vaishali, Bihar, 844505.

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

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

2   27-05-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in connection

                   with Mahnar P.S. Case No.94 of 2026 for allegedly having

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

                   Excise 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 while the informant was on night patrolling, he

                   received a secret information at about 00:30 hours that the

                   petitioners have concealed liquor in the field of Lal Babu Rai

                   behind a petrol pump in village Makkanpur for selling the same.
Patna High Court CR. MISC. No.36003 of 2026(2) dt.27-05-2026
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          After giving information to the higher officials and to verify the

          authenticity of the said information, the informant along with

          the police party reached at the place at around 00:45 hours.

          When the informant and the police party went to the field of Lal

          Babu Rai, two persons fled away, after seeing the police vehicle

          and torch light. Despite best effort, both the persons fled away

          from there taking advantage of the darkness. The local

          Chowkidar disclosed the names of the petitioners as the persons,

          who fled away. Total 74.13 litres of foreign liquor was

          recovered from the said field and accordingly, seizure list was

          prepared.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and have not committed any

          offence. The petitioners have falsely been implicated in the

          present case due to village politics and on the basis of the

          disclosure made by the local Chowkidar. He further submits that

          the petitioners were not present at the place of occurrence and

          the alleged recovery has been made from an open field, which is

          accessible to all. Total 74.13 litres of foreign liquor has been

          recovered. He further submits that the petitioner no.1 has got a

          clean antecedent while the petitioner no.2 is an accused in one

          case, bearing Mahnar P.S. Case No.371 of 2018, which is
Patna High Court CR. MISC. No.36003 of 2026(2) dt.27-05-2026
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          related to land dispute and in the said case, the petitioner no.2 is

          on bail.

                       5. Per Contra, the learned APP appearing on behalf

          of the state opposes the prayer for grant of anticipatory bail to

          the petitioners and submits that the petitioners absconded from

          the place of occurrence and, therefore they do not deserve the

          privilege of anticipatory bail.

                       6. Having considered the rival submissions and after

          going through the records, it appears that the names of the

          petitioners transpired in the present case on the basis of the

          statement given by the local Chowkidar who identified the

          petitioners as the persons who fled away, upon seeing the police

          party. Total 74.13 litres of foreign liquor was recovered from an

          open field, which is accessible to all. The petitioner no.1 has got

          a clean antecedent while the petitioner no.2 is an accused in one

          another case in which he is on bail.

                       7. Taking into consideration the facts aforesaid, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks, be released on bail on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned District & Additional Sessions Judge-cum-
               Patna High Court CR. MISC. No.36003 of 2026(2) dt.27-05-2026
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                         Exclusive Special Excise Court-II, Vaishali at Hajipur in

                         connection with Mahnar P.S. Case No.94 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 petitioners and in case at any stage it is found

                         that the petitioners have concealed their criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. 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.)

Sanjay/-

U          T