Nasiban Kumar @ Ravindra Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY Mr. Arvind Kumar, Advocate Mr. Ajay Kumar No. 2. APP ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Bypass P.S. Case No. 599 of 2025 registered for the offences under Sections 317 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

The prosecution case is that on secret information, the petitioner and others were carrying liquor illegally, a raid was conducted and a total of 112 liters of country made Mahua liquor was recovered from a jute sack kept on the scooty.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he carries criminal antecedent. It has further been submitted that the petitioner was neither apprehended with the Patna High Court CR. MISC. No.11202 of 2026(2) dt.17-02-2026 seized materials nor the same was recovered from his conscious possession or from his house. It has next been submitted that the scooty does not belong to the petitioner and it is at the behest of the police that he has falsely been impleaded in this case. It has also been submitted that the petitioner was also made an accused one day prior to the present incident in another case of similar nature, however, he has no concern whatsoever with the same. It has lastly been submitted that the petitioner has two criminal antecedents.

Learned APP for the State has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Bypass P.S. Case No. 599 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. Patna High Court CR. MISC. No.11202 of 2026(2) dt.17-02-2026 as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative. (ii) The petitioner shall remain physically present in Court on each date of the trial. (iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above- mentioned order shall not be delayed for purpose of or in the name of verification.

Accordingly, the prayer for anticipatory bail is allowed.

It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. manoj/- U T (Sourendra Pandey, J)