Abhishek KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39305 of 2026
                       Arising Out of PS. Case No.-279 Year-2021 Thana- RAJAOLI District- Nawada
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                 Abhishek Kumar S/o Lakhan Lal Sahni Resident of Village- Station Road,
                 PS- Nawada Nagar, District- Nawada,
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar Bihar
                                                                 ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Man Mohan Kumar
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   18-06-2026                   Heard the parties.

                                   2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Rajouli P.S. Case No.

                   279 of 2021 registered for the offences punishable under Section

                   30 (a) of the Bihar Prohibition and Excise Act and Section 414 of

                   the IPC.

                                   3. The allegation against the petitioner is to be

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 32 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made from

                   the motorcycle and not from the conscious physical possession of

                   this petitioner. It is further submitted that petitioner implicated

                   with the present case being registered owner of the motorcycle,
               Patna High Court CR. MISC. No.39305 of 2026(2) dt.18-06-2026
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                         which was used for carrying illicit liquor, who is a man of clean

                         antecedent.

                                         5. Learned APP, opposes the prayer for bail.

                                         6. In view of the facts and circumstances as

                         mentioned above as recovery of illicit liquor prima-facie not

                         appears to be made from the conscious physical possession of

                         this petitioner, accordingly the petitioner above named, in the

                         event of his arrest or surrender before the learned trial court

                         within a period of four weeks, is directed to be released on bail,

                         furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each

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

                         the learned        Exclusive Spl. Court, Excise-2, Nawada/concerned

                         trial court where the case is pending in connection with Rajouli

                         P.S. Case No. 279 of 2021 subject to the conditions as laid down

                         under Section 438(2) of the Cr.P.C./ Section 482(2) of the

                         BNSS.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T