Sunil KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30015 of 2026
                       Arising Out of PS. Case No.-139 Year-2026 Thana- BIDUPUR District- Vaishali
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                 Sunil Kumar S/O Tarun Ray Resident of Village- Dayalpur, P.S- Rajapakar,
                 Distt.- Vaishali, Bihar.

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

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

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

                   petitioner and Mr. Ahmad Ali, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   24.03.2026, in connection with Bidupur P.S. Case No. 139 of

                   2026, F.I.R. dated 23.03.2026                 registered for the offences

                   punishable under Sections 274, 275 of the B.N.S. and Section

                   30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.

                                3. Recovery is of 8981.28 litres of Indian made

                   foreign 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 recovery has

                   been made from the truck and altogether 8981.28 litres of Indian
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          made foreign liquor was recovered from the truck in question

          and petitioner has been made accused in the present case merely

          on the ground that the petitioner is the driver of the truck in

          question. He further submits that the petitioner is not the owner

          of the truck in question and it appears from the seizure list that

          the seizure list witnesses are Hone Guard personnel so there is

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

          petitioner is in custody since 24.03.2026.

                        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

          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 Exclusive Special Excise Court No. 1-cum-District and

          Additional Sessions Judge, Vaishali at Hajipur in connection

          with Bidupur P.S. Case No. 139 of 2026,                subject to the

          following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be
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                         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

                         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