IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33646 of 2025 Arising out of PS. Case No.-489 Year-2023 Thana- Excise P.S. District- Begusarai ====================================================== Piyush Jha @ Piyush Kumar @ Chhotu @ Chhotu Jha @ Gulli, Son of Bipin Jha Resident of Ward No.- 42, Village - Bari Aighu, Mohaneghu, P.S.- Be- gusarai Muffasil, District - Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Kumar, Advocate For the Opposite Party/s: Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 3 03-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state. 2. The petitioner seeks bail in a case instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibi- tion and Excise Act, 2016. He has five criminal antecedents. 3. As per the prosecution case, the police had recov- ered 234 litres of foreign liquor from a tempo and two persons were apprehended namely Saurav Kumar and Shiv Charan Mahto, who disclosed the name of the person namely Piyush Jha (Petitioner) who had fled away. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case at the behest of the accused persons. It is further submitted Patna High Court CR. MISC. No.33646 of 2025(3) dt.03-07-2025 2/4 by learned counsel for the petitioner that no incriminating mate- rial has been recovered from the conscious possession of the pe- titioner and except suspicion there is nothing to connect the peti- tioner with the present case. It is also submitted by learned counsel for the petitioner that Co-accused Saurav Kumar has been granted bail by a Co-ordiante Bench of this Court vide or- der dated 01.02.2024 passed in Cr. Misc. No. 3677 of 2024. It is lastly submitted that the petitioner has five criminal antecedents and is in custody since 26.03.2025. Learned counsel for the peti- tioner undertakes to deposit a sum of Rs. 5,000/- in the account of Advocate Association of the Patna High Court. 5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid submissions of the par- ties and also considering the period of custody of the petitioner and the co-accused person has already been granted bail by a Co-ordinate Bench of this Court, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II/Court concerned, Begusarai in connection with Begusarai Excise P.S. Case No. 489 of 2023, subject to the Patna High Court CR. MISC. No.33646 of 2025(3) dt.03-07-2025 3/4 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 Trial Court. (iii) In case of absence on two con- secutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) If any subsequent case of simi- lar nature is lodged against the petitioner, the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner. (v) 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 crim- inal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. Patna High Court CR. MISC. No.33646 of 2025(3) dt.03-07-2025 4/4 However, the acceptance of bail bonds in terms of the above-mentioned order shall not be de- layed for purpose of the same or in the name of verification. 7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. 8. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Po- lice, Begusarai within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Su- perintendent of Police, a certificate will be filed by the peti- tioner before the court concerned. Vikash/- (Sourendra Pandey, J) U T