Chandan Sah @ Chandan Kumar SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36631 of 2026
                       Arising Out of PS. Case No.-123 Year-2026 Thana- RANIGANJ District- Araria
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                 Chandan Sah @ Chandan Kumar Sah S/o Vidyanand Sah R/o Village -
                 Koskapur Uttar, Ward No. 06, P.S - Raniganj, District - Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-06-2026                    Heard Mr. Kundan Kumar Singh, learned counsel

                   for the petitioner and Mr. Mritunjay Kumar Nirala, learned APP

                   for the State.

                                2. Petitioner seeks bail, who is in custody since

                   27.04.2026, in connection with Raniganj P.S. Case No. 123 of

                   2026, F.I.R. dated 26.04.2026                 registered for the offences

                   punishable under Section 30(a) of the Excise Act.

                                3. Recovery is of 340.32 litres of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.               He further submits that it

                   appears from the F.I.R. as well as seizure list that nothing has

                   been recovered from the conscious possession of the petitioner

                   rather recovery has been made from the vehicle in question and
Patna High Court CR. MISC. No.36631 of 2026(2) dt.15-06-2026
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          the petitioner has no concern at all with the alleged recovery of

          illicit liquor or the vehicle in question and the petitioner has

          been made accused merely on the basis of suspicion and except

          the suspicion, nothing has come during investigation to suggest

          the involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 27.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner was apprehended at the

          place of occurrence and apart from aforesaid huge quantity of

          illicit liquor was recovered from the vehicle in question.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          nothing has been recovered from the conscious possession of

          the petitioner and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Court-I, Araria

          in connection with Raniganj P.S. Case No. 123 of 2026, subject

          to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
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                         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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T