Rahul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42979 of 2026
                       Arising Out of PS. Case No.-2667 Year-2026 Thana- Excise P.S. District- Patna
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                 Rahul Kumar S/o Suresh Yadav, R/o Village - Marufganj, Pattharghat, P.S.-
                 Malsalami, Distt- Patna.
                                                                           ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Nityanand Kumar, Advocate
                 For the State             :        Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

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

                   learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Excise Patna P.S. Case No. 2667 of 2026 dated

                   27.04.2026, registered for the offences punishable under

                   Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise

                   Act.

                                      3. As per the prosecution case, petitioner was found

                   transporting illicit liquor in a jute bag on a Scooty. While the

                   petitioner was being apprehended, some other persons managed

                   to flee leaving behind their Scooty vehicles and jute bags. On

                   search of three Scooty vehicles and jute bags recovery of 540

                   litres of country made liquor was made.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.42979 of 2026(2) dt.01-07-2026
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          been implicated in the present case. It is not clear from the FIR

          whether any illicit liqour was recovered from the Scooty of the

          petitioner or the jute bag said to be carried by the petitioner.

          Nothing incriminating has been recovered from the conscious

          possession of the petitioner. Petitioner has no concern either

          with the seized liquor or with the Scooty in question from where

          recovery has been shown. Learned counsel next submits that

          petitioner is having clean antecedent. Learned counsel lastly

          submits that petitioner is in custody since 27.04.2026.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          clean antecedent of the petitioner, his period of custody in the

          background of nature of allegation, the petitioner, above-named,

          is directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Court of Excise-III, Patna / concerned Court, in

          connection with Excise Patna P.S. Case No. 2667 of 2026,

          subject to the condition laid down under Section 480(3) of the

          B.N.S.S. and other following conditions:
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                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                               (Arun Kumar Jha, J)

Shahnawaz/-

U     T