Arbind TiwariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40501 of 2026
                   Arising Out of PS. Case No.-2 Year-2025 Thana- KUCHILA District- Kaimur (Bhabua)
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                 Arbind Tiwari, S/o Laxman Tiwari @ Lakshman Tiwari, Resident of Village-
                 Ojhawaliya, P.S.- Kochas, District- Rohtas at Sasaram

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                  Heard learned Advocate for the petitioner and the

                   learned APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Kuchila P.S. Case No. 02 of 2025 registered for

                   the offences under Section 30 (a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                3. Allegedly in course of vehicle checking, the police

                   intercepted two motorcycles and apprehended three persons and

                   in course of search altogether 50.295 litres of illicit liquor was

                   recovered.

                                4. Learned Advocate for the petitioner submitted that

                   only on account of the petitioner being the owner of one of the

                   motorcycle, in question, bearing registration no. BR24AK 3295,

                   his name has been implicated in this case without there being
Patna High Court CR. MISC. No.40501 of 2026(2) dt.01-07-2026
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          any cogent material showing nexus of the petitioner with the

          apprehended person or the alleged recovered illicit liquor. In

          fact, prior to the occurrence, the motorcycle was being run by

          one Abhinandan Yadav, who has undertaken that he will

          purchase the said motorcycle, but till date the same could not be

          done and the ownership has not been transferred. There is

          serious discrepancies in the search and seizure, besides defiance

          of Sections 103 and 105 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023. The petitioner is a man of fair antecedent and he

          undertakes that he will fully cooperate in the proceedings of the

          court.

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

          opposes the bail application and submits that use of the

          motorcycle of the petitioner in the crime clearly suggests his

          complicity, hence the anticipatory bail is not maintainable in

          accordance with Section 76(2) of the Bihar Prohibition and

          Excise Act, 2016.

                       6. Having considered the submissions advanced by

          the learned Advocate for the respective parties and taking note

          of the fact that save and except the allegation that the petitioner

          being the owner of the motorcycle, in question, his name has

          been implicated in this case, but without there being any cogent
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                       material suggesting his complicity, as also the fact that the

                       petitioner bears fair antecedent and there is lack of materials

                       which attract the rigors provided under Section 76(2) of the

                       Bihar Prohibition and Excise Act, let the petitioner, named

                       above, in the event of his arrest or surrender before the court

                       below within four weeks from the date of receipt/production of

                       a copy of this order, be released on bail on furnishing bail bonds

                       of Rs.10,000/- (Rupees ten thousand) with two sureties of the

                       like amount each to the satisfaction of learned Special Judge

                       (Excise-II) Kaimur at Bhabua in connection with Kuchila P.S.

                       Case No. 02 of 2025, subject to the condition as laid down

                       under Section 482 (2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close relative of the petitioner.



                                                   (Harish Kumar, J)
uday/-

U        T