Babu @ Mukesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36604 of 2026
                    Arising Out of PS. Case No.-229 Year-2026 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Babu @ Mukesh Kumar S/O Sarju Prasad @ Saryu Prasad Gupta Resident of
                 Mohalla- Shahpur Akhanda, P.S.- Town, Distt.- Aurangabad.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Ashok Kumar Singh, Advocate
                 For the State             :     Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                          Heard Mr. Ashok Kumar Singh, learned counsel

                   for the petitioner and Mr. Bhanu Pratap Singh, learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   24.04.2026 in connection with Aurangabad Town P.S. Case No.

                   229 of 2026, F.I.R. dated 05.04.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2018.

                                3. Recovery is of 68.5 liters of country made liquor.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.36604 of 2026(2) dt.16-06-2026
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          as well as seizure list that nothing has been recovered from the

          conscious possession of the petitioner or from the house of the

          petitioner rather the recovery has been made from house of co-

          accused, Maina Choudhary and name of the petitioner has been

          transpired in this case merely on the basis of disclosure made by

          co-accused, Birendra Choudhary and Manisha Kumari and

          except the disclosure made by co-accused persons, no other

          cogent material has come during investigation which suggest the

          involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 24.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries fourteen criminal antecedents

          other than the present one of similar nature but fairly submits on

          the basis of paragraph-3 of the bail application that the

          petitioner is on bail in the nine cases and rest cases are pending

          for consideration before competent court of law.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 District

          and Additional Sessions Judge-cum-Exclusive Special Judge,
            Patna High Court CR. MISC. No.36604 of 2026(2) dt.16-06-2026
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                      Excise Court No.1, Aurangabad in connection with Aurangabad

                      Town P.S. Case No. 229 of 2026, subject to the following

                      conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below 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 below 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.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T