Kamlesh KewatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37336 of 2026
                    Arising Out of PS. Case No.-85 Year-2026 Thana- AKHODHIGOLA District- Rohtas
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                 Kamlesh Kewat S/O Late Ram Pravesh Kewat R/O Village- Barahi, Musai
                 Tola, P.S- Akorhigola, Distt.- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajani Kant Singh, Advocate
                 For the Opposite Party/s :      Mr.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   01-07-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Akorhigola P.S. Case No. 85 of 2026 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegations made in the FIR, 13 litres of

                   illicit liquor were recovered from the bushes situated behind the

                   petitioner's house.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. Learned counsel further

                   submitted that recovery of illicit liquor has been made from the

                   bushes, which is an open space and is easily accessible by
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          anyone. Petitioner has no concern either with the place of

          recovery or with the alleged recovered liquor.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that recovery of illicit liquor has

          been made from the bushes, which is an open space and is easily

          accessible by anyone, I am of the opinion that petitioner has,

          prima facie, made out a case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned          Concerned Court where the case is

          pending in connection with Akorhigola P.S. Case No. 85 of

          2026, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                       8. The learned District Court is directed to verify the

          criminal antecedent of the petitioner and if it is found that the

          petitioner is involved in some other cases, as what has been
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                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T