IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56229 of 2026 Arising Out of PS. Case No.-60 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1. Ajit Kumar S/o Guput Singh R/o Village - Mohania Ward no. 11, P.S. - Mohania, Dist. - Kaimur at Bhabhua. 2. Bholu Kumar @ Bholu Kumar Yadav S/o Munna Yadav R/o Village - Devkali, P.S. - Mohania, Dist. - Kaimur at Bhabhua. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 2 13-08-2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Durgawati P.S. Case No. 60 of 2026 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act of 2022. 3. The allegation in the FIR is that 88.76 litres of country-made and foreign liquor was recovered from a motorcycle bearing Registration No. BR45L6508. The FIR further alleges that one person was apprehended at the spot, who disclosed the name of Rohit Kumar and further stated that one Patna High Court CR. MISC. No.56229 of 2026(2) dt.13-08-2026 2/3 Bholu Kumar, who was sitting on the motorcycle, managed to escape from the place of occurrence. 4. Learned counsel for the petitioners submits that they have been falsely implicated in the present case and are in no way connected with either the seized motorcycle or the liquor allegedly recovered from it. He further submits that the FIR itself shows that the petitioners have been made accused solely on the basis of the alleged disclosure made by the person apprehended at the spot, and apart from that, there is no material against them. He fairly submits that petitioner no. 2 has a clean antecedent, while petitioner no. 1 has one criminal antecedent, which is not related to any offence under the Excise Act. 5. Learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail. 6. Having considered the rival submissions of the parties, and in particular the fact that no recovery has been made from the physical possession of the petitioners, that petitioner no. 2 has a clean antecedent, and that petitioner no. 1 has one criminal antecedent which is not related to any offence under the Excise Act, let the petitioner named above be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing Patna High Court CR. MISC. No.56229 of 2026(2) dt.13-08-2026 3/3 bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each of the satisfaction of learned Specia Judge(Excise)-II, Kaimur at Bhabhua/concerned court, in connection with Durgawati P.S. Case No. 60 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS. rishabh/- (Ranjan Kumar Jha, J) U T