Himanshu @ Goldi @ Himanshu Kr. SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42789 of 2026
                     Arising Out of PS. Case No.-28 Year-2026 Thana- Badem P.S. District- Aurangabad
                 ======================================================
                 Himanshu @ Goldi @ Himanshu Kr. Singh S/o Arvind Kumar Singh R/o vill-
                 Ganeshpuri, ward no. 1, Japla, P.S. Hussainabad, Distt.- Palamu, Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aman Vishal, Advocate
                 For the Opposite Party/s :        Mr.Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                  Heard Mr.Aman Vishal,                 learned counsel for the

                   petitioner and Mr.Mukesh Kumar Singh, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   09.05.2026 in connection with Badem P.S. Case No. 28/2026,

                   F.I.R. dated 05.04.2026 registered for the offence punishable

                   under Section 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2018.

                                3. Recovery is of 360 liters of Spirit.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has falsely been implicated in the

                   present case. From a bare perusal of the FIR it appears that

                   altogether 360 liters of Spirit was recovered from the vehicle
Patna High Court CR. MISC. No.42789 of 2026(2) dt.06-07-2026
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          in question and petitioner was not present at the place of

          occurrence. The name of the petitioner has been transpired

          during investigation on the basis of the disclosure made by

          the apprehended co-accused persons, namely, Ambuj Kumar

          and Akash Kumar and they have disclosed that the spirit in

          question belongs to the petitioner and except the aforesaid,

          nothing has come during investigation against the petitioner

          to suggest the involvement of the petitioner in the present

          occurrence. Further submits that co-accused persons, namely,

          Ambuj Kumar and Akash Kumar, who disclosed the name of

          the petitioner, have been granted bail by a Coordinate Bench

          of this Hon’ble Court vide order dated 21.05.2026 passed in

          Cr. Misc. No.34815 of 2026 and the petitioner is in custody

          since 09.05.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          one more case other than the present one of similar nature, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, name of the

          petitioner has been transpired during investigation on the

          basis of the disclosure made by the apprehended co-accused

          persons and said co-accused persons, who disclosed the name
Patna High Court CR. MISC. No.42789 of 2026(2) dt.06-07-2026
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          of the petitioner, have been granted bail by a Coordinate

          Bench of this Hon’ble Court, 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 learned District and Additional Sessions

          Judge-cum-Exclusive Special Judge, Excise Court No.1,

          Aurangabad in connection with Badem P.S. Case No.

          28/2026, with 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 his/her absence on two consecutive dates

          without sufficient reason, his/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 criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
               Patna High Court CR. MISC. No.42789 of 2026(2) dt.06-07-2026
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                         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)
Nitesh/-

U          T