Anil KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44028 of 2026
                       Arising Out of PS. Case No.-173 Year-2026 Thana- OBRA District- Aurangabad
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                 Anil Kumar Son of Binda Yadav R/O Village - Prem Bigaha @ Pream Bigha,
                 P.S.- Obra, District - Aurangabad
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Chandra Gandhi
                 For the Opposite Party/s :        Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a), 30(c) of Bihar

                   Prohibition and Excise Amendment Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   is in custody since 27.05.2026 and allegation is of recovery of

                   138 litres of litres from a field along with 350 litres of spirit and

                   two motorcycles were seized. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and the field does not belong to

                   the petitioner but then he came to be implicated based on the

                   fact that he is owner of one of the seized vehicles. It is next

                   submitted that no prudent person would use his own vehicle for
           Patna High Court CR. MISC. No.44028 of 2026(2) dt.03-07-2026
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                     committing an occurrence and thus would create evidence

                     against himself and hence would get implicated. It is also

                     submitted that the petitioner was completely unaware that his

                     friend would misuse the vehicle in the manner as alleged, who

                     also fled from the spot. It is also submitted that once an accused

                     is implicated in a case relating to excise, the police starts

                     implicating mechanically either through chowkidar, local

                     person, confessional statement or secret information without

                     holding a proper investigation.

                                   4. Learned A.P.P. opposes the prayer for bail of the

                     petitioner.

                                   5. Considering the submissions made by the learned

                     counsel for the petitioner and taking into consideration the

                     period of custody, the petitioner above-named, is directed to be

                     released on bail on furnishing bail bonds of Rs.5000/- (Rupees

                     five thousand) with two sureties of the like amount each to the

                     satisfaction of the learned trial court where the case is

                     pending/successor court in connection with Obra P.S. Case

                     No.173 of 2026.



                                                       (Satyavrat Verma, J)
amit/-
U      T