Sumit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30694 of 2026
                        Arising Out of PS. Case No.-56 Year-2026 Thana- Excise P.S. District- Saran
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           1.     Sumit Kumar S/O Sri Rameshwar Rai R/O Vill.- Biran Tola (Viran Tola),
                  Ward no.- 6, P.S.- Chhapra Mufassil, Dist.- Saran At Chapra
           2.    Ashutosh Kumar Singh S/O Sri Arvind Kumar Singh R/O Vill.- Koriya
                 (Koraiya), Lala Tola, Ward no.- 5, P.S.- Khaira, Dist.- Saran At Chapra

                                                                                       ... ... Petitioners
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dewendra Narayan Singh
                 For the Opposite Party/s :         Ms. Renuka Ratnakar (App 125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                       Heard Mr. Dewendra Narayan Singh, learned

                   counsel for the petitioners and Ms. Renuka Ratnakar, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seek bail who is in custody since

                   28.02.2026 in connection with Sadar Excise P.S. Case No. 56 of

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

                   of Bihar Prohibition and Excise Act.

                               3. The case of the prosecution, in brief, is that on

                   28.02.2026, on secret information, in course of checking

                   vehicles by the informant and police personnel near Jatuaa

                   village under Muffasil P.S., the police apprehended three

                   persons who were the drivers of Scorpio bearing Reg. No. BR-
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          22P-6666, BR-1AP-6093 and motorcycle without Reg. No.

          respectively. Upon inquiry, the apprehended accused persons

          disclosed their name as Sumit Kumar(driver of Scorpio bearing

          Reg. No. BR-22P-6666), Ashutosh Kumar Singh(driver of

          Scorpio bearing Reg. No. BR-1AP-6093) & Vishwajeet Kumar

          (driver of motorcycle without Reg. No.) respectively. On

          searching, the police recovered total 172.800 litres of illicit

          foreign liquor from the Scorpio bearing Reg. No. BR-22P-6666

          of Sumit Kumar, 86.40 litres of illicit foreign liquor from the

          Scorpio bearing Reg. No. BR-1AP-6093 of Ashutosh Kumar

          Singh & 17.280 litres of illicit foreign liquor from the

          motorcycle (without Reg. No.) of Vishwajeet Kumar (petitioner

          here) i.e., total 276.480 litres of illicit liquor was recovered from

          the joint possession of these accused-persons on the spot.

          Thereafter, police seized the illicit liquor and said vehicles and

          prepared seizure list in presence of two witnesses from raiding

          party.

                      4.    Learned counsel for the petitioner submits that

          petitioner no. 2 has clean antecedent and petitioner no. 1 has

          antecedent of one case other than the present case but fairly

          submits that the petitioner no. 1 is on bail in the pending matter.

          It is next submitted that it appears from the FIR and seizure list
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          that nothing has been recovered from the conscious possession

          of the petitioners rather the recovery has been made from the

          vehicle in question. It is also submitted that petitioners are not

          the owner of the alleged vehicle in question. 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 petitioners are in custody since 28.02.2026.

                      5. The learned Additional Public Prosecutor for State

          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) with two

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

          3rd Exclusive Special Excise Court, Saran at Chapra in

          connection with Sadar Excise P.S. Case No. 56 of 2026, subject

          to the following conditions:-

                       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.
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                                  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