Surendra MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18091 of 2026
                       Arising Out of PS. Case No.-109 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Surendra Mahto Son of Jagaru Mahto @ Sugdev Sahni Resident of Viillage-
                 Badhara Mahaji, P.S. Doriganj, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Praveen Kumar, Advocate
                                          :       Mr. Raju Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No.2, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   25-03-2026                   Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Doriganj P.S. Case No.109 of 2025, for having allegedly

                   committed offence under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                 3. As per the prosecution case, the informant along

                   with other police personnel was on patrolling duty and when he

                   reached at Jhanga Chowk, he received information that Kunal

                   Kumar and his associates brought a consignment of liquor.

                   When he reached there, all the three persons fled away by

                   leaving behind their motorcycles. On search, total 350 litres of

                   country made liquor was recovered which was loaded on two
Patna High Court CR. MISC. No.18091 of 2026(2) dt.25-03-2026
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          motorcycles having Registration No.BR-04AM-8716, while the

          other motorcycle does not bear any registration number.

                       4. The learned counsel for the petitioner submits that

          the petitioner was not present at the spot and his name

          transpired since, the motorcycle bearing Registration No.BR-

          04AM-8716 belongs to him, which he had given to his co-

          villager, Kunal Kumar on the date of occurrence. The petitioner

          has got no concern with the seized liquor and the same was not

          seized from possession of the petitioner. Further, while

          preparing the seizure list, the procedure contained under Section

          103 of the B.N.S.S. was not followed. The petitioner has got

          clean antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for bail.

                       6. Having considered the rival submissions, let the

          petitioner, above-named, in the event of his arrest or surrender

          within a period of six weeks, be released on bail on furnishing a

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Exclusive Special Excise Court No.3, Saran at Chapra in

          connection with Doriganj P.S. Case No.109 of 2025, subject to

          the conditions laid down under Section 482(2) of the B.N.S.S.
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                         with a further condition that:-

                                      The court concerned 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 concerned shall take steps for cancellation of bail bond of

                         the petitioner. However, the acceptance of bail bond in terms of

                         the above-mentioned order shall not be delayed for purpose of

                         or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T