Kundan Mukhiya @ Kundan Kumar MukhiyaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38715 of 2026
                     Arising Out of PS. Case No.-54 Year-2026 Thana- PRATAPGANJ District- Supaul
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                 Kundan Mukhiya @ Kundan Kumar Mukhiya S/O Bechan Mukhiya R/O
                 Vill.- Piprahi, ward no 13, P.S.- Raghopur, Dist.- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjay Kumar Singh
                 For the Opposite Party/s :      Mr. Meena Singh
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.03.2026 in connection with Pratapganj P.S. Case No. 54 of

                   2026 for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                               3. The case of the prosecution in brief is that the

                   allegation is of recovery of 135 liters of country made liquor

                   from the rickshaw in question.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and is innocent and he has

                   falsely been implicated in the present case. It is further

                   submitted that the allegation as alleged in the FIR is forged and

                   fabricated and the petitioner has not committed any offence as
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          alleged in the FIR. It is next submitted that it appears from the

          FIR and seizure list that altogether 135 liters of country made

          liquor was recovered from the rickshaw in question. It is next

          submitted that petitioner has been made an accused in this case

          merely on the ground that petitioner is owner and driver of the

          rickshaw in question. It is also submitted that, in fact, the

          passenger has loaded the same and petitioner has no information

          whether the loaded article is illegal and the passenger has

          escaped from the place of occurrence. Learned counsel for the

          petitioner next submits that police after investigation has

          submitted charge-sheet and petitioner is in custody since

          08.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       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 Exclusive

          Special Judge Excise Court II, Supaul in connection with

          Pratapganj P.S. Case No. 54 of 2026, subject to the following

          conditions:-

                       i. 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.

                                  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)
Gaurav Sinha/-

U      T