Piyush KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29830 of 2026
                       Arising Out of PS. Case No.-193 Year-2026 Thana- MASHRAK District- Saran
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                 Piyush Kumar S/O Sanjay Singh @ Sanjay Kumar Singh R/O Village- Sikati
                 Khanjaha, P.S.- Mashrakh, Distt.- Saran at Chhapra.

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

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

2   05-05-2026                    Heard Mr. Rananjay Kumar, learned counsel for the

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

                                2. Petitioner seeks bail, who is in custody since

                   29.03.2026, in connection with Mashrakh P.S. Case No. 193 of

                   2026, F.I.R. dated 29.03.2026                registered for the offences

                   punishable under Sections 30(a)/37(B) of the Bihar Prohibition

                   & Excise Amendment Act, 2022.

                                3. Recovery is of 05 litres of spirit 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 altogether 05 litres of spirit liquor was

                   recovered from the motorcycle in question and petitioner was

                   found in drunken condition. Learned counsel for the petitioner
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          further submits that it appears from the seizure list that seizure

          list witnesses are Bihar Home Guard personnel so there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 29.03.2026.

                       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 four more cases

          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 matters.

                       6. Considering the facts and circumstances of the case

          and the fact that there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, 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 2nd Exclusive Special Excise Judge,

          Saran at Chapra in connection with Mashrakh P.S. Case No. 193

          of 2026, 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
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                         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