IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29540 of 2026 Arising Out of PS. Case No.-122 Year-2026 Thana- GORAUL District- Vaishali ====================================================== Rahul Kumar S/O Krishna Nandan Chaurasiya @ Krishnandan Prasad Chaurasia R/V- Dhane Goraul, P.S.- Goraul, District- Vaishali ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 04-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 07.03.2026 in connection with Goraul P.S. Case No. 122 of 2026 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act. 3. The case of the prosecution, in brief, is that on 27.02.2026, the informant along with his police team was on special patrolling duty on the occasion of Holi festival at Godhiya Vegetables market and got secret information that Rahul Kumar has hidden illegal IMFL in his house and in an old toilet of Deo Narayan Bhagat near toddy tree behind his house located in village Dhane Goraul and he along with his neighbour Subodh Kumar is doing home delivery on motorcycle. After Patna High Court CR. MISC. No.29540 of 2026(2) dt.04-05-2026 2/4 informing the superior officer in this regard, the police team reached the house of Rahul Kumar to verify the said information and necessary action. Two persons were seen tying carton behind on a motorcycle, who started running away after seeing the police vehicle leaving behind the carton loaded on the motorcycle, who were identified by the mahal chowkidar during running away as Rahul Kumar and Subodh Kumar on torch light, who were tried to be apprehended with the help of the police team, but both of them managed to escape from the spot by taking advantage of darkness and forest. On duly search of the said motorcycle bearing reg. no. BR31AJ0894 parked in front of the house of Rahul Kumar, 12 liters of illegal IMFL kept in carton loaded on motorcycle was recovered, on search of the house of Rahul Kumar, 7.500 litres of illegal IMFL was recovered from his house and on search of the old toilet of Deo Narayan Bhagat near toddy tree behind his house, altogether 610.010 litres of illegal Beer and IMFL kept in carton was recovered from there. 4. Learned counsel for the petitioner submits that as per the allegation as alleged in the FIR that petitioner has escaped from the place of occurrence and name of the petitioner has been disclosed by the local chowkidar. Learned counsel for Patna High Court CR. MISC. No.29540 of 2026(2) dt.04-05-2026 3/4 the petitioner submits that it appears from the FIR itself that nothing has been recovered from the conscious possession of the petitioner and petitioner was not arrested from the place of occurrence. Apart from that 600 liters of Indian made foreign liquor was recovered, 12 liters of liquor was recovered from the motorcycle, 7.5 liters of liquor was recovered from the house of the petitioner and rest 580.510 liters was recovered from toilet of Deonarayan Chaurasia. It is next submitted that petitioner has no role at all in the present occurrence and is in custody since 07.03.2026. 5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of one case other than the present case but fairly submits that the petitioner is on bail in the pending matter. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cum-District and Additional Sessions Judge, Vaishali at Hajipur in connection with Goraul P.S. Case No. 122 of 2026, subject to the following conditions:- Patna High Court CR. MISC. No.29540 of 2026(2) dt.04-05-2026 4/4 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 tampers with the evidence or the witnesses, 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 antecedent, 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. Gaurav Sinha/- (Rajesh Kumar Verma, J) U T