Karu Turiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29219 of 2026 Arising Out of PS. Case No.-203 Year-2026 Thana- Excise P.S. District- Nawada ====================================================== 1.

Karu Turiya S/O Tukan Turiya R/O Vill.- Basraun, P.S.- Rajauli, Dist.- Nawada.

2.

Sanoj Kumar S/O Deval Prasad Yadav @ Devender Kumar R/O Vill.- Kumharua, P.S.- Rajauli, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Excise PS. Case No. 203 of 2026 dated 23.2.2026 instituted under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 73.500 litres of foreign liquor and 12 litres of canned beer from four different motorcycles. It is alleged that all the four motorcycles were found standing on the Chafail forest and no one was arrested at the spot.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.29219 of 2026(2) dt.06-05-2026 2/3 petitioners are innocent and they have been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered either from the conscious possession of the petitioners or from their house; rather, the seized illicit liquor and canned beer were recovered from four different motorcycles in the Chafail forest and the said seized motorcycles do not belong to the petitioners. The petitioners have been made accused in this case only on the basis of secret information. Lastly, it is submitted that petitioner no. 1 has no criminal antecedents, whereas petitioner no. 2 has one criminal case pending against him.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court Excise-II, Nawada, in Excise PS. Case No. 203 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that petitioner no. 2 shall co-operate in the trial

Patna High Court CR. MISC. No.29219 of 2026(2) dt.06-05-2026 3/3 and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be the own blood relation of petitioner no. 2, preferably father, mother, brother, sister and/or wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if petitioner no. 2 is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, and (iv) that if petitioner no. 2 tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U