IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35756 of 2026 Arising Out of PS. Case No.-482 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== 1. Ritik Tiwari S/o Ramakant Tiwari @ Badababu Tiwari R/o Village - Tiwari Tola, P.S. - Sangrampur, District - East Champaran. 2. Dablu Tiwari S/o Ramakant Tiwari @ Rabdababu Tiwari R/o Village - Tiwari Tola, P.S. - Sangrampur, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Tripti Singh, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 2 26-05-2026 Heard the learned counsel for the petitioners and the learned APP for the State. 2. The petitioners apprehends their arrest in connection with Sangrampur P.S. Case No. 482 of 2025, for allegedly having committed offence under Section 132 of the BNS and Sections 30(a) and 45 of Bihar Prohibition and Excise Act. 3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that on 13.12.2025 at about 06:00 A.M., the informant along with police party left for patrolling duty. At around 13:15 hours, he received an information that two Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026 2/5 persons, riding a bullet motorcycle are going to Areraj with liquor. After giving due information to the senior officials and to verify the authenticity of the information received by him, the informant reached near the place of occurrence. As soon as, he reached Ghusiyar Tiwari Tola along with the local Chowkidar, he saw two persons riding a bullet motorcycle, coming from the East side, carrying some goods in a plastic sack. The informant tried to stop them but, both the persons started fleeing away, after leaving the motorcycle and the plastic sack loaded on it. One person, who was driving the motorcycle, was caught with the help of the police party and the other person was caught by the chowkidar. However, two persons started fighting with the chowkidar near the truck being emptied and he left the arrested person and ran towards the chowkidar. In the meantime, taking advantage of the situation, one of the persons fled away. In presence of witnesses, the plastic bag was opened and searched. Upon search, total 60 liters of country made liquor was recovered, which was loaded on the bullet motorcycle and a formal seizure list was prepared. The person, who was arrested, disclosed his name as Mehboob Alam and he disclosed the name of the person, who fled away as Prince Kumar. The local chowkidar identified the persons, who helped in fleeing away of Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026 3/5 Prince Kumar as Ritik Tiwari and Dablu Tiwari. A raid was conducted in the house of Ritik Tiwari and Dablu Tiwari, however both could not be found at their respective homes. 4. The learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. They have been falsely implicated in the present case, on the basis of the statement given by the local chowkidar. The learned counsel for the petitioners submits that seized bullet motorcycle does not belong to the petitioners and they were not even present at the place of occurrence. Nothing has been recovered from their possession. Even on the raid conducted by the police, nothing was recovered from their respective homes. He further submits that the total recovery of 60 liters of country made liquor was from the motorcycle, which does not belongs to the petitioners and they have got no concern with the seized liquor. The learned counsel for the petitioners submits that the petitioner no. 1 has got one criminal antecedent bearing Sangrampur PS Case No. 227 of 2024, under section 30(a) of the Excise Act, in which he has been granted bail. He further submits that although the statement has not been made in the anticipatory bail petition with respect to the criminal antecedent of the petitioner no. 2, but as per his instruction, the petitioner Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026 4/5 No. 2 has got a clean antecedent. 5. Per contra, the learned APP for the State vehemently opposes the prayer for bail of the petitioners and submits that the petitioner No.1 has got one antecedent of similar nature and there is every probability that if he will be granted the privilege of anticipatory bail, he will again indulge in the same activity. 6. Having considered the rival submissions and after going through the records it appears that the petitioners were not present at the place of occurrence, however they have been named as the persons, who helped the co-accused Prince Kumar in fleeing away from there and was identified by the local Chowkidar. 60 liters of country made liquor was recovered from the motorcycle, which does not belong to the petitioners, petitioner no.1 has got one antecedent. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. I, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 482 of 2025, subject to the conditions as laid down Patna High Court CR. MISC. No.35756 of 2026(2) dt.26-05-2026 5/5 under Section 482(2) of the B.N.S.S., with further condition: (1) The learned Court concerned shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Ajay/Kunal- (Ritesh Kumar, J) U T