Pre-arrest bail granted under specific conditions while considering allegations of false implication and the recovery of contraband.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 10-12-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jadopur P.S.Case No.173 of 2025 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act , 2022.

3. The prosecution story in short is that 286 ltrs. of country-made liquor has been recovered from eight sacks, which were being carried by eight persons near Chhath Ghat.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the present case. The name of the petitioner has been disclosed by the local Chowkidar. Learned counsel further submitted that the petitioner has no concern with the seized liquor. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, as well as, considering the allegation made in the FIR and total 286 ltrs. of country-made liquor recovered from sacks, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Addl. Sessions Judge XIII cum Spl. Excise Court No.I, Gopalganj in connection with Jadopur P.S.Case No.173 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C./Section 482(2) of BNSS .

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J)