Trigun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15834 of 2026 Arising Out of PS. Case No.-522 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Trigun Kumar Son of Ganesh Yadav @ Ganesh Singh R/o Village - Kayampur, P.S.- Khusrupur, District- Patna.

2.

Suman Kumar Son of Feku Yadav Resident of Village - Baghwabari Ita Bhatta Tola, Ward No. 16, P.S. - Nagar, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Khusrupur P.S. Case No. 522 of 2025, dated 24.12.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 40 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that nothing has been recovered from the possession of the petitioners. Furthermore, he submits that the criminal antecedent of the petitioner No. 1 is not clean, as there is one criminal case pending against him, however, the same is not under the Excise Act, and the criminal antecedent of petitioner

Patna High Court CR. MISC. No.15834 of 2026(2) dt.25-03-2026 2/2 No. 2 is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Additional Special Judge Excise, Patna City, in connection with Khusrupur P.S. Case No. 522 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. It is further directed that the Trial Court shall verify the criminal antecedents of the petitioners, and in case it is found at any stage that the petitioners have concealed their criminal antecedents, the Trial Court shall take steps for cancellation of the petitioners' bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J.) Aman Kumar/- U T