Nakul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39118 of 2026
                       Arising Out of PS. Case No.-49 Year-2026 Thana- KADIRGANJ District- Patna
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           1.     Nakul Kumar S/o Ramesh Paswan @ Tunu Paswan R/o Village - Sewai, P.S.
                  - Kadirganj, Dist. - Patna.
           2.    Ramesh Paswan @ Tunu Paswan S/o Bahadur Paswan R/o Village - Sewai,
                 P.S. - Kadirganj, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Jainendra Kumar Pushkar, Adv.
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard the learned Advocate for the petitioners and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Kadirganj P.S. Case No. 49 of 2026, registered

                   for the offences punishable under Sections 190, 324(3), 324(4),

                   352 & 132 of the B.N.S. and Section 37 of the Bihar Prohibition

                   and Excise Act 2022 (Amended).

                                3. In course of investigation in connection with

                   Kadirganj P.S. Case No. 48 of 2026, when the police reached in

                   the village, the FIR named accused persons, including the

                   petitioners along with 4-5 unknown person started pelting stones

                   and damaged the police vehicle. The police further apprehended
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          one person, who was found in intoxicated position.

                       4. Learned Advocate for the petitioners submitted that

          so far the allegation of pelting stones is concerned, only because

          of the fact that the petitioners were present at the place of

          occurrence and some altercation had taken place between the

          police and family members of the accused persons, their names

          have been implicated in this case. So far Section 37 of the Bihar

          Prohibition and Excise Act 2022 Amendment Act is concerned,

          the same is not attracted against the petitioners. The witnesses

          are also none-else but the police personnel and, as such, false

          implication of the petitioners cannot be ruled out. Moreover, the

          petitioners bear one criminal antecedent, however, they are on

          bail in the said case. It is lastly contended that the petitioners are

          ready to fully co-operate in the proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          petitioners have deterred the police personnel to discharge their

          duty and also damaged the police vehicle.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the omnibus nature of allegation, coupled with fact that in the

          said incidence none has sustained any injury, besides the
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                      undertaking rendered by the petitioners that they will fully co-

                      operate in the proceeding of the Court, let the petitioners above

                      named be released on bail, in the event of their arrest or

                      surrender before the court below within a period of four weeks

                      from the date of receipt/production of a copy of this order, upon

                      furnishing bail bonds of Rs.10,000/- (ten thousand) each with

                      two sureties of the like amount each to the satisfaction of the

                      learned Court of Special Judge, Excise-II Patna, in connection

                      with Kadirganj P.S. Case No. 49 of 2026, subject to the

                      conditions laid down in Section 482(2) of the Bharatiya Nagrik

                      Suraksha Sanhita, 2023 with the further condition that one of

                      the bailors shall be the own/close family members of the

                      petitioners.



                                                  (Harish Kumar, J)
shivank/-

U      T