Sunil KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42760 of 2026
                   Arising Out of PS. Case No.-179 Year-2026 Thana- CHAKIA District- East Champaran
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                 Sunil Kumar S/O Late Mohan Sahani R/O Vill.- Bara Baisaha, P.S- Chakia,
                 Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mrs. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                    Heard Mr. Suraj Kumar Tiwar, learned counsel for

                   the petitioner and Mrs. Indu Kumari Srivastava, learned APP for

                   the State.

                                2. Petitioner seeks bail, who is in custody since

                   04.05.2026, in connection with Chakia P.S. Case No. 179 of

                   2026, F.I.R. dated 03.05.2026                registered for the offences

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

                   Excise (Amendment) Act, 2022.

                                3. Recovery is of 146.00 litres of country made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent 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
Patna High Court CR. MISC. No.42760 of 2026(2) dt.06-07-2026
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          and     altogether 146.00 litres of country made liquor was

          recovered near the tin shed 50 metres from the house of co-

          accused Anil Sahani and the name of the petitioner has been

          transpired on the disclosure made by local choukidar and except

          the aforesaid, nothing cogent material has come during

          investigation to suggest the involvement of the petitioner in the

          present occurrence.            The petitioner is in custody since

          04.05.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          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 Exclusive

          Special Excise Court No. 3, Civil Court, East Champaran at

          Motihari in connection with Chakia P.S. Case No. 179 of 2026,

          subject to the following conditions :-
               Patna High Court CR. MISC. No.42760 of 2026(2) dt.06-07-2026
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                                      (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 her absence on two consecutive dates without sufficient

                         reason, her 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 her

                         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//-

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