Samir KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24816 of 2026
                         Arising Out of PS. Case No.-253 Year-2025 Thana- KASBA District- Purnia
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                 Samir Kumar Son of Sri Surendra Mohan Thakur Resident of Village- Sarra,
                 Garhbanaili, P.S.- Kasba, District- Purnea

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Amit Kumar Anand, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

4   08-05-2026                      Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                    2. The petitioner is in custody in connection with

                   Kasba P.S. Case No. 253 of 2025, registered for an offence

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

                   (Amendment) Act, 2016.

                                    3. The learned counsel for the petitioner submits

                   that total 184.620 litres of illicit liquor was recovered from the

                   Swift Desire car bearing registration no. BR11BD6935 and the

                   petitioner was not arrested on the spot rather the driving license

                   of the petitioner was found lying in foot rest near the driving

                   seat of the car. He further submits that the petitioner is neither

                   the owner of the car nor any recovery was made from the

                   conscious possession of the petitioner, the petitioner was only
Patna High Court CR. MISC. No.24816 of 2026(4) dt.08-05-2026
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          the driver of the car but at the relevant time, he was not present

          at the place of the occurrence. The learned counsel for the

          petitioner further submits that even the seizure list was prepared

          in violation of the provisions contained in Section 103 of the

          BNSS, since no witnesses have come forward to support the

          prosecution case. He further submits that the petitioner has got

          five criminal antecedents out of which four cases are of similar

          nature and he is in judicial custody since 10.12.2025.

                          4. The learned A.P.P. for the State opposes the

          prayer for bail of the petitioner vehemently and submits that five

          criminal cases are pending against the petitioner out of which

          four cases are of similar nature.

                          5. Having heard the parties and after going through

          the records, it appears that the bail of the petitioner was earlier

          rejected by this Court vide order dated 17.02.2026, with a

          liberty to the petitioner to file the bail application after framing

          of the charge. As per the averments made in paragraph no.20 of

          the present bail petition, the charge was already framed on

          31.01.2026. Further, recovery is to the tune of Rs.184.620 litres

          of illicit liquor. Considering the facts and circumstances of the

          case,     I am inclined to enlarge the petitioner on bail and

          accordingly the petitioner is directed to be released on bail on
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                     furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

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

                     Exclusive Special Judge (Excise-01), Purnea in connection with

                     Kasba P.S. Case No. 253 of 2025, with the following condition:

                                  (1) The learned 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

                     antecedents, the court concerned shall take steps 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.



                                                 (Ritesh Kumar, J)
AjayMishra/-

U      T