Bikram Kumar @ Kalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11677 of 2026 Arising Out of PS. Case No.-284 Year-2025 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Bikram Kumar @ Kalu S/o Ritlal Paswan R/o Vill- Unsar, P.S.- Bochahan, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-02-2026 Heard Mr. Vibhuti Kumar, learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bochahan P.S. Case No. 284 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, 2022 lodged on 25.11.2025 by the informant, Sanjay Kumar Singh.

3. As per the prosecution story, the informant alleged that two cartons containing 8.640 litres of English liquor was recovered from the bullet, which was allegedly abandoned by the petitioner and one another miscreant, namely, Anil Kumar. Thereafter, the police searched the house of the petitioner and recovered 61.722 litres of English liquor. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that neither the vehicle belongs to the petitioner where from

Patna High Court CR. MISC. No.11677 of 2026(2) dt.17-02-2026 2/3 recovery has been made nor there is any recovery from his conscious possession and the house, from where the recovery of liquor has been made, is in joint possession of his different family members and the petitioner has got clean antecedent. He is nowhere related with the seized articles.

5. Learned APP opposes the prayer for anticipatory bail.

6. Though there is recovery, the fact remains that it has been recovered/seized from the bullet which does not belong to the petitioner and the house, from where the recovery is said to have been made, is in joint possession by other family members of the petitioner and he has got no criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail

7. Let the petitioner, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Excise Court III, Muzaffarur in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:-

Patna High Court CR. MISC. No.11677 of 2026(2) dt.17-02-2026 3/3 (i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Ajit Kumar, J) perwez U T