Murari @ Krishna Singh @ Krishna KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31400 of 2026
                        Arising Out of PS. Case No.-38 Year-2026 Thana- SIKRAUL District- Buxar
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                 Murari @ Krishna Singh @ Krishna Kumar S/O Sudheshwar Singh Resident
                 of village- Parmeshwarpur, P.S.- Sikraul, Dist.- Buxar
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Patna
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Kamal Deo Sharma
                 For the Opposite Party/s :       Mr. Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                          Heard Dr. Kamal Deo Sharma, learned counsel

                   for the petitioner and Mr. Abhay Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   24.03.2026 in connection with Sikraul P.S. Case No. 38 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 short, is that on

                   16.03.2026 the informant received a secret information at 11.30

                   o' clock that a village of Parmeshwarpur field in tubal of Murari

                   Singh put in heavy quantity illegal liquor by the Murari Singh

                   and Piush Kumar. As per information that the information given

                   higher authorities and for verification of that information they

                   are reached on that place of occurrence at about 12:00 o' clock

                   and put on raid on that boring. On that action saw several

                   persons reached there but no one person ready for made as

                   independent witness then on appearance of police personnel
Patna High Court CR. MISC. No.31400 of 2026(2) dt.08-05-2026
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          made as witness and search the said boring and total recovered

          about 99.90 liters of liquor. That after a seizure list prepared and

          the said FIR was lodged against two accused persons including

          this petitioner.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR and seizure list that altogether 99.90 liters

          of liquor was recovered from the boring of the petitioner. It is

          next submitted that the petitioner has no concern at all with the

          alleged recovery of liquor and 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

          24.03.2026.

                      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 one case other than the

          present case but fairly submits that petitioner is on bail in the

          pending matter.

                       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
          Patna High Court CR. MISC. No.31400 of 2026(2) dt.08-05-2026
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                    Exclusive Special Judge, Excise Court No. 2, Buxar in

                    connection with Sikraul P.S. Case No. 38 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

                    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