Achu Munda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38648 of 2026 Arising Out of PS. Case No.-407 Year-2026 Thana- Excise P.S. District- Gaya ====================================================== Achu Munda S/O Badai Munda R/O Village - Tajpur, P S - Chouparan, District- Hazaribagh, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 407 of 2026 registered for the offence under Section 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, the recovery is of 50 liters of illicit liquor from a motorcycle which was driven by the maternal brother of the petitioner. The petitioner is the owner of the motorcycle.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38648 of 2026(2) dt.17-06-2026 2/3 the petitioner is ready to donate Rs. 25,000/- in some charitable organization without accepting his guilt. He further submits that the petitioner has no criminal antecedent.

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court below in connection with Excise P.S. Case No. 407 of 2026, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

8. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Math, Village Jharha (near Matua Pahar), Halka Chilore, P.O. Gurua, Dist. Gayaji, Bihar 824205 and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

9. As a condition of this order, the petitioner, after being released on anticipatory bail, is directed to mark his

Patna High Court CR. MISC. No.38648 of 2026(2) dt.17-06-2026 3/3 attendance at Chouparan Police Station, Hazaribagh, Jharkhand on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

10. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted.

11. Let a copy of this order be communicated to the Superintendent of Police, Hazaribagh, Jharkhand through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U