Satyam KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31155 of 2026
                       Arising Out of PS. Case No.-37 Year-2026 Thana- BARARI District- Bhagalpur
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                 Satyam Kumar S/o Rajniti Choudhary @ Baju Choudhary R/o vill - Sirajpur,
                 Ward no.02 , Post- Temtha P.S.- Parbatta, Distt.- Khagaria

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

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

2   08-05-2026                    Heard Mr. Bijendra Kumar, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   19.02.2026, in connection with Barari P.S. Case No. 37 of 2026,

                   F.I.R. dated 19.02.2026 registered for the offences punishable

                   under Sections 30(a) and 32(ii) of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 546.750 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
Patna High Court CR. MISC. No.31155 of 2026(2) dt.08-05-2026
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          been made from the vehicle in question and petitioner is not the

          owner of the vehicle in question and petitioner has been made

          accused in the present case merely on the basis of suspicion and

          except the suspicion, nothing has come during investigation to

          suggest the involvement of the petitioner in the present

          occurrence and apart from the aforesaid, the petitioner is

          mentally ill and who is undergoing treatment in AIIMS Delhi

          (Annexure-2) and there is non-compliance of Sections 103 and

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

          19.02.2026.

                        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 Judge-I, Bhagalpur in

          connection with Barari P.S. Case No. 37 of 2026, subject to the

          following conditions :-
               Patna High Court CR. MISC. No.31155 of 2026(2) dt.08-05-2026
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                                      (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

                         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