Shankar KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30666 of 2026
                   Arising Out of PS. Case No.-320 Year-2026 Thana- EXCISE DANAPUR District- Patna
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           1.     Shankar Kumar S/o Shatrudhan Rai Resident of village - Brahmchari, P.S -
                  Danapur, District - Patna
           2.     Pappu Rai S/o Dinesh Rai Resident of village - Brahmchari, P.S - Danapur,
                  District - Patna
                                                                             ... ... Petitioners
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar
                 For the Opposite Party/s :      Mr. Choubey Jawahar
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seek bail who are in custody since

                   18.03.2026 in connection with Danapur P.S. Case No. 320 of

                   2026 for the offences punishable under Sections 30(a) and 32(3)

                   of Bihar Prohibition and Excise (Amendment) Act, 2018.

                               3. The prosecution case in brief, is that, allegations as

                   per the written complaint dated 17.03.2026 of the informant,

                   who is S.I. of Danapur Police Station are that on 17.03.2026 at

                   04:45 am, the police chased and caught a tempo bearing

                   Registration No. BR01PL-1897, two persons were also caught

                   by the police from the tempo, who told their name as Shankar

                   Kumar, who was driving the tempo and Pappu Rai, who was

                   passenger in the tempo. On search altogether 84.48 litres of

                   illicit foreign liquor was recovered from the back side of the

                   seat of the said tempo.
Patna High Court CR. MISC. No.30666 of 2026(2) dt.06-05-2026
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                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and are innocent and they

          have falsely been implicated in the present case. Learned

          counsel for the petitioners submits that from perusal of the

          seizure list it appears that nothing has been recovered from the

          conscious possession of the petitioners rather the recovery has

          been made from the tempo in question and recovery is of 84.48

          litres of illicit foreign liquor from the back side of the seat of the

          tempo. It is next submitted that from perusal of the seizure list it

          appears that the seizure list witnesses are police personnel so

          there is non-compliance of mandatory provisions of Sections

          103 and 105 of BNSS, 2023 and petitioner is in custody since

          18.03.2026.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

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

          learned Court of Special Excise Judge, Danapur in connection

          with Danapur P.S. Case No. 320 of 2026, subject to the

          following conditions:-
           Patna High Court CR. MISC. No.30666 of 2026(2) dt.06-05-2026
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                                  i. Petitioners 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 their absence on two consecutive dates without sufficient

                     reason, their bail bond shall be cancelled by the Court below.

                                  ii. If the petitioners tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioners and in case at

                     any stage it is found that the petitioners have concealed their

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioners. 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)
Gaurav Sinha/-

U      T