Abulaish MianversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31419 of 2026
                  Arising Out of PS. Case No.-47 Year-2026 Thana- SAHODARA District- West Champaran
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           1.     Abulaish Mian Son of Manjur Mian @Manjoor Mian R/o - village -
                  Parsauni, PS - Sahodara District - West Champaran

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

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :      Mr. Sanobar Shahnaz, Advocate
                 For the Opposite Party/s :      Ms. Pushpa Sinha, A.P.P.
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                        Heard Mr. Sanobar Shahnaz, learned counsel for

                   the petitioner and Ms. Pushpa Sinha, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   11.03.2026 in connection with Sahodara P.S. Case No. 47 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 the

                   allegation against the petitioners/accused persons is for recovery

                   of 24.3 liters of illegal liquor from two accused along with

                   vehicle.

                               4. Learned counsel for the petitioner submits that it

                   appears from the FIR and seizure list that recovery has been
Patna High Court CR. MISC. No.31419 of 2026(2) dt.08-05-2026
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          made from the motorcycle in question and nothing has been

          recovered from the conscious possession of the petitioner. It is

          next submitted that recovery is of 24.3 liters of nepali liquor

          from the 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 petitioner is in custody since 11.03.2026.

                      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 two cases other than

          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 Court of

          Exclusive Special Judge, Excise Court-II, Bettiah, West

          Champaran in connection with Sahodara P.S. Case No. 47 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
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                     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