Baiju KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38142 of 2026
                 Arising Out of PS. Case No.-881 Year-2024 Thana- RAMKRISHNANAGAR District- Patna
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                 Baiju Kumar S/o Kishuni Prasad R/o Mohalla - Bhupatipur, PS - Ram
                 Krishna Nagar, District - Patna

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s   :       Ms.Soni Kumari, Advocate
                 For the State          :       Mr.Pradeep Narain Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Ram Krishna Nagar P.S. Case No. 881 of 2024 registered for the

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

                   Amendment Act.

                                 3. The petitioner is the owner of the scooty from

                   which 5 liters of illicit liquor has been recovered.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is not accused in any case under the Excise Act.

                                5. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and he has falsely been

                   implicated in this case.

                                6. Learned counsel for the petitioner submits that the
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          petitioner is ready to donate Rs. 10,000/- in some charitable

          organization without accepting his guilt.

                          7. Considering the aforesaid fact, this application is

          allowed.

                          8. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, 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 Special Judge

          Excise-II, Patna/ concerned Court below in connection with

          Ram Krishna Nagar P.S. Case No. 881 of 2024, subject to the

          conditions laid down in Section 438(2) of the Code of Criminal

          Procedure, 1973 / Section 482 of the BNSS.

                        9. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 10,000/- in

          Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala

          Road Patna and produce the receipt of the same before the Court

          below. The bail bonds of the petitioner shall be accepted after

          verifying the genuineness of the receipt produced by the

          petitioner.

                        10. Furthermore, as the petitioner claims to have only

          one criminal antecedent under the Bihar Prohibition and Excise
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                     Act, i.e., Ram Krishna Nagar P.S. Case No. 881 of 2024, the

                     Court below, before accepting the bail bonds of the petitioner is

                     directed to verify the antecedent of the petitioner under the

                     Excise Act. If the petitioner is found to be involved in any other

                     case under the Excise Act except Ram Krishna Nagar P.S. Case

                     No. 881 of 2024, then his bail bonds shall not be accepted.

                                   11. As a condition of this order, the petitioner, after

                     being released on anticipatory bail, is directed to mark his

                     attendance at Ram Krishna Nagar, District-Patna on first and

                     third Sunday of each month. Any default in appearance at the

                     police station will result in cancellation of bail bonds of the

                     petitioner.

                                   12. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T