Suresh BaithaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20766 of 2026
                    Arising Out of PS. Case No.-124 Year-2017 Thana- VIJAYEPUR District- Gopalganj
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                 Suresh Baitha Son of Late Bijai Baitha Resident of Village - Bhanpur, P.S. -
                 Vijaypur, Dist. - Gopalganj.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Amish Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Indu Kumari Srivastava, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   02-04-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Vijaypur P.S. Case No. 124 of 2017 registered for the offence

                   punishable under Sections 272, 273, 420 of the Indian Penal Code

                   and Sections 30(a), 37(b) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner has submitted that

                   in this case, the petitioner was on bail and his bail bond was

                   cancelled as he had jumped the privilege of bail. He also submits

                   that the case was fixed for appearance and he could not appear

                   and the processes issued by the court, were not served on him. He

                   further submits that due to his absence, no work of the court has

                   been hampered, as the case was pending for appearance. It is a

                   simple case of misuse of bail.

                                4. The application for bail is opposed by learned APP
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                     for the State.

                                  5. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail with the condition that

                     the petitioner shall remain physically present on each and

                     every date fixed by the learned trial court till the conclusion of

                     the trial. The above named petitioner is directed to be enlarged

                     on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

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

                     of the learned District & Additional Sessions Judge-IV-cum-

                     Exclusive Special Excise Court-II, Gopalganj in connection with

                     Vijaypur P.S. Case No. 124 of 2017.

                                  6. Before parting, it is very disheartening to note that

                     even the officers in the cadre of A.D.J. are not able to understand

                     their jurisdiction and the orders are passed in a mechanical

                     manner without application of mind, if the case was fixed for

                     appearance, other accused persons were also not present, so how

                     has the work of the court been hampered if the present petitioner

                     is not present, he should introspect.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T