Gumgum Sah @ Gumgom Sah @ Lal Bihari SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39415 of 2026
                       Arising Out of PS. Case No.-327 Year-2025 Thana- BANIAPUR District- Saran
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                 Gumgum Sah @ Gumgom Sah @ Lal Bihari Sah S/o Late Shankar Sah
                 Resident of Village- Kamta, P.S.- Baniapur, District- Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-06-2026                     Heard Mr. Vijay Kumar, learned counsel for the

                   petitioner and Mr. Sanjay Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   09.02.2026, in connection with Baniyapur P.S. Case No. 327 of

                   2025, F.I.R. dated 22.07.2025 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 54.00 litres of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather recovery has been

                   made from the house of co-accused Anil Sah and as per
Patna High Court CR. MISC. No.39415 of 2026(2) dt.23-06-2026
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          allegation in the F.I.R. the petitioner fled away from the place of

          occurrence and the local choukidar has identified the petitioner.

          He further submits that except the disclosure made by local

          choukidar,        no other cogent material has come during

          investigation against the petitioner to suggest the involvement of

          the petitioner in the present occurrence. He further submits that

          the police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 09.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries two more cases

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and the name of the petitioner has

          been transpired on the basis of disclosure made by local

          choukidar, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Special Judge Excise 1st, Saran at Chapra in connection
               Patna High Court CR. MISC. No.39415 of 2026(2) dt.23-06-2026
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                         with Baniyapur P.S. Case No. 327 of 2025, subject to the

                         following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the 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 antecedents, 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.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T