Luv Kush KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42391 of 2026
                      Arising Out of PS. Case No.-332 Year-2022 Thana- PAROO District- Muzaffarpur
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                 Luv Kush Kumar S/o Sunil Rai R/o Village - Aamba Kathiya, P.S - Mehsi,
                 District - East Champaran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Ms. Nitu Kumari, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-07-2026                        Heard Ms. Nitu Kumari, learned counsel for the

                   petitioner and Mr. Bishweshwar Ram, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.05.2026 in connection with Paroo (Paru) P.S. Case No. 332

                   of 2022, F.I.R. dated 07.07.2022 for the offences punishable

                   under Sections 420, 467, 468, 471, 120(B) of the Indian Penal

                   Code and 30(a), 31, 32, 41(a) of the Bihar Prohibition and

                   Excise Act, 2018 and Section 25(1-b)a, 26, 35 of Arms ct.

                               3. Recovery is of 2176.740 liters of foreign liquor and

                   four live cartridge and Rs. 10,000/-.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. She further submits that it appears from the F.I.R.
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          that petitioner was not apprehended at the place of occurrence

          and his name transpired on the basis of disclosure made by

          apprehended co-accused person, namely, Tinku Kumar and

          nothing has been recovered from the conscious possession of

          the petitioner rather the recovery has been made from the

          possession of the said Tinku Kumar and one four wheeler

          vehicle and except the disclosure made by apprehended co-

          accused person, nothing has come during investigation which

          suggest the involvement of the petitioner in the present

          occurrence. The petitioner is in custody since 22.05.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and his name transpired on the

          basis of disclosure made by apprehended co-accused person, 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, Muzaffarpur in connection with

          Paroo (Paru) P.S. Case No. 332 of 2022, 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)
Suruchi/-

U      T