IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59155 of 2026 Arising Out of PS. Case No.-333 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Rahul Kumar S/o Ramlayak Singh Resident of Village- Arila Raghumnathpur, P.S.- Natwar, Distt- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kiran Kumari Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, 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 Excise P.S. Case No. 333 of 2026 registered for the offence punishable under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per the allegation in the FIR, total 122.400 litres foreign liquor was recovered from the dickey of the blue coloured Dzire car bearing registration no. JH09AH-6413. 4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case. He further submits that the petitioner has been dragged in this case because he is the driver of the said vehicle, though he is not the owner of the said Patna High Court CR. MISC. No.59155 of 2026(2) dt.19-08-2026 2/3 vehicle. He further submits that, in fact, the alleged recovery has been made from the said vehicle but the petitioner has no concern with the recovered liquor in any manner. He next submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that there is no independent eye witness of the said incidence. He further submits that the petitioner is in custody since 10.07.2026 and he has got two 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 two criminal antecedents other than the present one and both cases are of similar in nature to the present one. 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 Court of learned Exclusive Special Judge Excise-II, Kaimur at Bhabua in connection with Excise P.S. Case No. 333 of 2026, subject to the following conditions: (i) Petitioner shall co-operate in the trial and shall Patna High Court CR. MISC. No.59155 of 2026(2) dt.19-08-2026 3/3 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