IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59126 of 2026 Arising Out of PS. Case No.-421 Year-2026 Thana- MALSALAMI District- Patna ====================================================== Vikash Kumar @ Gocha @ Bhocha S/o Shahdev Mahto R/o Mohalla - Jamunapur Chaitola, P.S - Malsalami, District - Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 2 19-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State. 2.Petitioner is in custody in connection with Malsalami P.S. Case No. 421 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per the allegation in the FIR, total 120 litres of country made mahua liquor recovered from 3 sacks kept near the bank of river Ganga, and the petitioner was apprehended from the place of occurrence. 4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioner. Patna High Court CR. MISC. No.59126 of 2026(2) dt.19-08-2026 2/3 He further submits that the petitioner has been dragged in this case merely on the basis of suspicion. He further submits that, in fact, the alleged recovery has been made from the open space (bank of the river) which is accessible for the people and the petitioner has no concern with the recovered liquor in any manner. He further submits that there is no independent eye witness of the said incidence. He next submits that the petitioner is in custody since 28.07.2026 and he has got nine criminal antecedents, in which, he is on bail, as per paragraph 3 of the bail petition. 5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has nine criminal antecedents other than the present one out of which five cases are of similar in nature to the present case. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City in connection with Malsalami P.S. Case No. 421 of 2026, subject to the following conditions: Patna High Court CR. MISC. No.59126 of 2026(2) dt.19-08-2026 3/3 (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (ii) If the petitioner tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) 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 criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. 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. dhaneshwar/- (Girijish Kumar, J) U T