Sachin KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32058 of 2026
                        Arising Out of PS. Case No.-83 Year-2026 Thana- Excise P.S. District- Saran
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                 Sachin Kumar S/o- Shivji Rai Resident of Village- Mahua Paschim Tola Gola
                 Road PS-Mahua Dist- Vaishali

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :         Mr. Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

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

                   petitioner and Mr. Sanjay Kumar Tiwary, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.04.2026 in connection with Sadar Excise P.S. Case No. 83 of

                   2026 for the offence punishable under Sections 30(a) and 32(3)

                   of the Bihar Prohibition and Excise Amendment Act.

                               3. The case of the prosecution, in short, is that the

                   allegation against the petitioner is of recovery of 1560 liters of

                   liquor from the seized pick-up vehicle.

                               4.     Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and it appears from the FIR and

                   seizure list that recovery has been made from the pickup van in

                   question and the recovery is of 1560 liters of liquor from the
Patna High Court CR. MISC. No.32058 of 2026(2) dt.08-05-2026
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          pick-up vehicle in question and nothing has been recovered

          from the conscious possession of the petitioner. It is next

          submitted that the petitioner is not the owner of 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

          08.04.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       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 3 rd

          Exclusive Special Excise Court, Saran at Chapra in connection

          with Sadar Excise P.S. Case No. 83 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.
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                                  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