SahilversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31292 of 2026
                  Arising Out of PS. Case No.-963 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua)
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                 Sahil S/o Banto @ Bantu Resident of Village - Damodar Khurd, P.S -
                 Bahadurgarh, District - Jhajar, State - Hariyana

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr. Aquaib Khan, Advocate
                 For the State            :         Mr. Ashok Kumar Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                      Heard Mr. Aquaib Khan, learned counsel for the

                   petitioner and Mr. Ashok Kumar Singh, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   11.04.2026, in connection with Bhabhua Excise P.S. Case No.

                   963 of 2024, F.I.R. dated 22.12.2024 registered for the offences

                   punishable under Sections 30(a), 32(1), (3), 41(1)(2) of the

                   Bihar Prohibition & Excise Amendment Act, 2022.

                                 3. Recovery is of 216.00 litres of illicit 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 car in question and altogether 260.00 litres
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          of illicit liquor was recovered from the car in question and

          petitioner is not the owner of the car in question. It appears from

          the seizure list that the 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

          11.04.2026.

                        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 Judge (Excise)-II, Kaimur at

          Bhabhua in connection with Bhabhua Excise P.S. Case No. 963

          of 2024, 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