Premchandra SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32181 of 2026
                   Arising Out of PS. Case No.-149 Year-2026 Thana- SUGAULI District- East Champaran
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                 Premchandra Sahani S/o Rajendra Sahani @ Devendra Sahani @ Debendra
                 Sahani R/o Vill- Mehwa, PS- Sugauli, Distt- East Champaran

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

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :       Ms. Meena Singh
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                     Heard Mr. Kundan Rathore, learned counsel for the

                   petitioner and Ms. Meena Singh, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.03.2026 in connection with Sugauli P.S. Case No. 149 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 petitioner is of recovery of 170 liters of

                   country made liquor from the place of occurrence.

                               4. Learned counsel for the petitioner submits that it

                   appears from the FIR that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery of 170

                   liters of country made liquor has been made from the place of
Patna High Court CR. MISC. No.32181 of 2026(2) dt.08-05-2026
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          occurrence. It is next submitted that the name of the petitioner

          has transpired on the basis of disclosure made by local

          chowkidar and except the aforesaid nothing has come to suggest

          the involvement of the petitioner with the present occurrence

          and petitioner is in custody since 19.03.2026.

                      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 Exclusive

          Special Excise Court No. 1, East Champaran, Motihari/Concern

          Court, East Champaran, Motihari in connection with Sugauli

          P.S. Case No. 149 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