Dildar KhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42987 of 2026
                       Arising Out of PS. Case No.-103 Year-2026 Thana- Excise P.S. District- Bhojpur
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                 Dildar Khan Son of Pir Muhmmad Khan, Resident of Village- Lat Saraiya
                 Amarpur Batlohiya, PS- Jaitpura, Dist- Baransi (Uttar Pradesh).
                                                                                 ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Dilip Kumar Singh, Advocate
                 For the State             :        Mr. Lakshmi Kant Sharma, APP
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                 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 Ara P.S. Case No. 103 of 2026 dated

                   18.05.2026, registered for the offence punishable under Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act,

                   2018.

                                      3. As per the prosecution case, petitioner was found

                   transporting 259.200 litres of illicit foreign liquor which was

                   kept in the dickey of the vehicle being driven by the petitioner.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely

                   been implicated in the present case. Nothing incriminating has

                   been recovered from his conscious possession. Petitioner has no

                   knowledge as to who kept the illicit liquor in the dickey of the
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          vehicle in question. Petitioner is merely a driver and he does not

          own the vehicle in question. There is non-compliance of Section

          103 of the B.N.S.S., 2023. Learned counsel next submits that

          petitioner is having clean antecedent. Learned counsel lastly

          submits that petitioner is in custody since 19.05.2026.

                          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 and the

          nature of recovery, 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

          Excise Court No-II, Bhojpur, Ara / concerned Court, in

          connection with Excise Ara P.S. Case No. 103 of 2026, subject

          to the condition laid down under Section 480(3) of the B.N.S.S.

          and other following conditions:

                          (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
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                    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