Harendra KumarversusThe state of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38804 of 2026
                     Arising Out of PS. Case No.-370 Year-2026 Thana- Excise P.S. District- Aurangabad
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                 Harendra Kumar S/o Bisunpat Ram R/o Village- Rediya, P.S- Aurangabad
                 Muffasil, Dist- Aurangabad

                                                                                        ... ... Petitioner
                                                         Versus
                 The state of Bihar Patna

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :         Mr. Ashok Kumar Singh
                 For the Opposite Party/s :         Mr. Arun Kumar
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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

                   09.04.2026 in connection with Excise Sadar P.S. Case No. 370

                   of 2026 for the offence punishable under Sections 30(a) and

                   32(3) of Bihar Prohibition and Excise Amendment Act, 2018

                   and Sections 41(1) and 41(2) of the Bihar Prohibition and

                   Excise Act, 2016.

                               3. That the prosecution case in brief, as disclosed by

                   the informant in his written information is that on 8.4.2026,

                   while the informant was on patrolling and raiding duty. During

                   patrolling, the informant received a secret information about

                   bringing of liquor by one person on a Maruti Suzuki Car bearing

                   Reg.No. BR01AQ-8165.The informant informed the high
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          officials and reached at the place of information. The informant

          saw the aforesaid car and gave a signal to stop but one person

          sitting on the car tried to flee but was caught by the police, who

          disclosed his name as Harendra Kumar. Thereafter a search was

          made in Maruti Suzuki Car bearing Reg.No. BR01AQ-8165 and

          during the search 651 liters of country made liquor & one

          mobile was recovered. The person caught further disclosed that

          the aforesaid car alongwith liquor was given to him for delivery

          of the same at Ketaki More by one Nirmal Kumar.

                      4. Learned counsel for the petitioner submits that

          petitioner 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 alleged in the FIR. It is further submitted that it

          appears from the FIR that altogether 651 liters of country made

          liquor & one mobile was recovered from the vehicle in question.

          It is next submitted that petitioner is neither the owner nor the

          driver of the vehicle in question and the vehicle in question

          belong to one Farzan and petitioner has no concern at all with

          the alleged vehicle in question and petitioner is in custody since

          09.04.2026.

                      5. The learned Additional Public Prosecutor for State
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          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of one case other than the

          present case but fairly submits that the petitioner is on bail in the

          pending matter.

                       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 Court of learned

          Special Judge, Excise-II, Aurangabad in connection with Excise

          Sadar P.S. Case No. 370 of 2026 subject to the following

          conditions:-

                       i. 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 her absence on two consecutive dates without sufficient

          reason, her 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
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                     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