IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10335 of 2026 Arising Out of PS. Case No.-577 Year-2025 Thana- HISUWA District- Nawada ======================================================

1. Gaurishankar Kumar, male, aged about-20 years, S/o- Haridwar Singh R/v-

Bajara Ps- Hisua Dist- Nawada

2. Abhinandan Kumar @ Kaila, male, aged about-25, S/o- Manik Singh R/v-

Bajara Ps- Hisua Dist- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

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

2. The petitioners apprehend their arrest in connection with Hisua P.S. Case No. 577 of 2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation in the FIR, total 26.250 liters of foreign liquor has been recovered from the possession of the petitioners.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He next submits that no incriminating article has been recovered from the conscious possession of the present petitioners and the petitioners has no concern with the alleged recovered illicit liquor. He further submits that the alleged recovery of illicit liquor was made from the premises of Bajra Governement High School, which is an open place and is accessible to the general public and there is no other material to show any connection of the petitioners with the said liquor. He next submits that petitioner no.1, namely, Gaurishankar Kumar has got one criminal antecedent and Petitioner no.2, namely, Abhinandan Kumar has got three antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made by learned counsel for the petitioners and also the fact that the recovery of total 26.250 liters of foreign liquor has been made from an abandoned open place, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the Trial Court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction learned Exclusive Special Excise Judge No.1, Nawada in connection with Hisua P.S. Case No.577 of 2025 subject to the conditions as laid down under Section 482(2) of the B.N.S.S. with a further condition that if the petitioners are found to be indulged in similar nature of the offence in future, then it will be presumed to be misuse of the privilege of bail by the petitioners and in these circumstances, the prosecution will be at liberty to file an application to cancel the bail bonds of the petitioners.

(Ramesh Chand Malviya, J)

Harshita/- U T