Ravi Kumar ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31328 of 2026
                      Arising Out of PS. Case No.-61 Year-2026 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Ravi Kumar Chaudhary S/O Late Ranjeet Chaudhary @ Late Ranjeet Kumar
                 @ Ranjeet Chaudhari R/o vill- Sohadih, P.S.- Sohsarai, Distt.- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudish Kumar
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

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

                   petitioner and Mr. Ajay Kumar No. 2, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.03.2026 in connection with Athmalgola P.S. Case No. 61 of

                   2026 for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Amendment Act.

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

                   basis of written typed application of informant namely Dilip

                   Kumar (A.S.I of Athmalgola P.S) and alleging therein that on

                   01.03.2026 at about 2.00 P.M. he was on duty in front of the

                   police station with armed force for checking of travelling

                   vehicle at the N.H.31 Paned Road from a criminal prospective

                   and during this course at about 03.05 P.M a passenger tempo
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          bearing Reg. No. BR-01PP-6016 coming from Barh was

          stopped for inspection with the help of armed force then a

          young person sitting in the back seat of such Tempo with a

          black coloured Pitthu Bag became nervous on seeing the police

          force. On suspicion he was made to get down form tempo along

          with the bag with the help of armed force and ask he disclosed

          his name. Thereafter the police searched the bag and 13.5 litres

          foreign liquor were recovered from the Pitthu Bag. Accordingly

          seizure list was prepared before the two police constables who

          have signed on the seizure list.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR and seizure list that recovery has been

          made from the tempo in question and altogether 13.5 liters of

          Indian made liquor was recovered from the bag of the petitioner.

          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

          02.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of five cases other than
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          the present case but fairly submits that petitioner is on bail in the

          pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, 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

          Exclusive Special Judge Excise, Barh at Patna in connection

          with Athmalgola P.S. Case No. 61 of 2026, subject to the

          following conditions:-

                       i. 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.

                       ii. If the petitioner 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 petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
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                     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