Sourabh Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30078 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- TANDWA District- Aurangabad ====================================================== Sourabh Kumar Tiwary s/o Sanjay Tiwari @ Sanjay Kumar Tiwary R/o vill - Piprdih, P.S.- Tandwa, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2026 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Tandwa P.S. Case No. 22 of 2026 registered for the offences punishable under Section 30(a) of Excise Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 397.15 litres of IMFL/country made liquor

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner implicated with present recovery of illicit liquor only for the reason that he is the owner of the Scorpio vehicle which was alleged to involve in carrying of illicit liquor. It is submitted that

Patna High Court CR. MISC. No.30078 of 2026(3) dt.10-06-2026 2/2 admittedly recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. Petitioner claimed clean antecedent.

5. Learned APP, opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as recovery of alleged illicit liquor primafacie not appears to be made from the conscious physical possession of the petitioner, accordingly petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, Excise 2nd, Aurangabad /concerned Court, where the case is pending in connection with Tandwa P.S. Case No. 22 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T