IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10848 of 2026 Arising Out of PS. Case No.-41 Year-2017 Thana- NADI P.S. District- Patna ====================================================== 1. Manoj Rai S/o- Raja Rai Village - Rustampur Vaishali Rushtampur PS - Rustampur, Dist- Vaishali 2. Rajesh Kumar S/o- Vimal Rai R/v- Tinpariya Rustampur, Vaishali Ps- Rustampur Dist- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhisek Rai, Adv For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Nadi P.S. Case No. 41 of 2017, registered for the offence punishable under Sections 30(a) and 36 of Bihar Prohibition and Excise Act. 3. The case of the prosecution, in short, is that on 12/06/17 while the informant was checking vehicles at Kachhi dargah spotted a white Tata 407 pickup van along with another white pickup van. Upon seeing the police, the drivers and co- passengers on both the vans tried to flee but were apprehended by the police. Two passengers from the van which was behind Tata 407 managed to flee. Further, the informant searched the Patna High Court CR. MISC. No.10848 of 2026(2) dt.17-02-2026 2/4 carrier compartment of both the vans and found that huge quantity of foreign liquor (1700 liters) was loaded on both of it. Further, the driver, helper and a co-passenger of Tata 407 pickup van disclosed their identity details to the informant respectively as (i) Mohit Kumar, (ii) Navin Dalal and (iii) Kanchan Kumar. Upon being inquired, Mohit Kumar & Navin Dalal have revealed that the concerned foreign liquor belongs to the owner of Tata 407 van, namely, Mallik and his business partner, namely, Manoj Ahlawat which is supposed to be delivered to one Anil Rai and Manoj Rai (Petitioner No.-1). When the informant searched the possession of the driver and co- passenger, who were in the second pickup van, the informant recovered a total of rupees 34,000 cash and Samsung mobile phone from the possession of Anil Rai and a Samsung mobile from the possession of Vakil Rai. Further, the informant found rupees 42,000 cash from beneath the seat of the same van on which one Rajesh Kumar was sitting. Further, the co- accused Anil Rai disclosed to the informant that his brothers, namely, Manoj Kumar and Rajesh Kumar (Petitioner No.2) were also there on the same van and just fled and the recovered 42,000 cash belongs to Petitioner No. 2 Rajesh Kumar. Further, Anil Kumar said to the informant that sort while ago, he has Patna High Court CR. MISC. No.10848 of 2026(2) dt.17-02-2026 3/4 delivered 18 cartoons of Royal Stag to one Randhir Rai. Accordingly, the FIR. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The seized vehicles do not belong to the petitioners. The petitioners have no concern with the alleged recovery. The have been implicated on the statement made by a co-accused. He further submits that the petitioners have one criminal antecedent. 5. Learned A.P.P. for the State opposes the prayer of anticipatory bail. 6. Considering the fact that nothing has been recovered from the conscious physical possession of the petitioners and given the fact that the vehicles recovered do not belong to the petitioners and their names have come up on the basis of statement made by co-accused, which does not carry evidentiary value, this Court is inclined to grant privilege of anticipatory bail to the petitioners. 7. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount Patna High Court CR. MISC. No.10848 of 2026(2) dt.17-02-2026 4/4 each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna in connection with Nadi P.S. Case No. 41 of 2017, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as also further condition that:- (i) the petitioners shall co-operate in the investigation/trial. (ii) the learned Court would, however, verify the criminal antecedent of the petitioners and in case it is found that the petitioners have concealed their criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioners. However, it is expected that the verification process would be done expeditiously without causing any delay. kiran/- (Alok Kumar Sinha, J) U T