Raju RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37388 of 2026
                  Arising Out of PS. Case No.-175 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj
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                 Raju Rai S/o Ramagya Rai Resident Of Village - Mangalpur, P.s. -
                 Mohammadpur, Dist. - Gopalganj.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Shailendra Kumar Dwivedi, Advocate
                 For the Opposite Party/s :      Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                     Heard      Mr. Shailendra Kumar Dwivedi, learned

                   counsel for the petitioner and Mr. Tapeshwar Sharma, learned

                   APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   23.04.2026, in connection with Baikunthpur P.S. Case No. 175

                   of 2019, F.I.R. dated 15.07.2019 registered for the offences

                   punishable under Section 30(a) of Bihar Prohibition & Excise

                   Amendment Act, 2022.

                                3. Recovery is of 101.5 litres of country made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that earlier the petitioner has

                   been granted the privilege of anticipatory bail vide order dated

                   17.09.2019 in Cr. Misc. No. 58463 of 2019 but due to
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          communication gap the petitioner has not furnished the bail

          bond in terms of the order dated 17.09.2019 and he was lastly

          apprehended on 23.04.2026. Learned counsel for the petitioner

          further submits that it appears from the F.I.R. that the name of

          the petitioner has been transpired on the basis of disclosure

          made by apprehended co-accused person and except the

          aforesaid, nothing has come during investigation to suggest the

          involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 23.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioner and submits that the petitioner carries four more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, 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

          learned      District and Additional Sessions Judge-XIII-cum-

          Special Excise Court No. I, Gopalganj in connection with

          Baikunthpur P.S. Case No. 175 of 2019,               subject to the
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                         following conditions :-

                                      (1) 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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T