Purushottam KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38108 of 2026
                     Arising Out of PS. Case No.-152 Year-2025 Thana- BALRAMPUR District- Katihar
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                 Purushottam Kumar S/o Bhawanand Yadav R/o Village- Tulsibari Rajpur,
                 (Manikpur), Ward no 13, PS- Madhepura Sadar, District- Madhepura

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Surya Narayan Yadav, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                      Heard Mr. Surya Narayan Yadav, learned counsel

                   for the petitioner and Mr. Lakshmi Kant Sharma, learned APP

                   for the State.

                                2. Petitioner seeks bail, who is in custody since

                   06.04.2026, in connection with Balrampur P.S. Case No. 152 of

                   2025, F.I.R. dated 11.09.2025                registered for the offences

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

                   Excise Act, 2016.

                                3. Recovery is of 176.4 litres of foreign 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 it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather recovery has been
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          made from the car in question and petitioner was not

          apprehended at the place of occurrence and he has been made

          accused in the present case merely on the ground that he is the

          owner of the car in question. The petitioner is in custody since

          06.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the tower location of the mobile of

          the petitioner was found at the place of occurrence and apart

          from aforesaid, the petitioner carries one more case of similar

          nature 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

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner, 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 Exclusive Special Judge, Excise Court

          No. 01, Katihar in connection with Balrampur P.S. Case No. 152

          of 2025, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
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                     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//-

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