IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10917 of 2026 Arising Out of PS. Case No.-852 Year-2023 Thana- Excise P.S. District- Lakhisarai ======================================================

Rakesh Kumar @ Bhulla son of Vijay Yadav Resident of Village- Gohri, Devnagar, Ward No. 15, P.S.- Bannu Bagicha, District Lakhisarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Shaukat Alam, Advocate For the Opposite Party/s : Ms. Pronoti Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 852 c2 of 2023 registered for the alleged offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, a secret information was received about two persons carrying illicit chulai liquor on a motorcycle. The said motorcycle was signaled to stop and two persons on the motorcycle tried to run away leaving behind the motorcycle and they were apprehended. The petitioner is one of the apprehended accused persons. On search of the bag kept on the motorcycle, recovery of 105 liters of country made mahua liquor was made.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is a labourer and has no concern with the seized liquor from the motorcycle. The petitioner is having antecedent of one case and is in custody since 22.12.2025.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and also considering the period of custody of the petitioner, the petitioner above named is directed to 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 learned Exclusive Special Judge Excise-II, Lakhisarai/court concerned in connection with Excise P.S. Case No. 852 c2 of 2023, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

Ashish/- U T