Uttam Chaudhary @ Uttam Kumar ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36724 of 2026
                          Arising Out of PS. Case No.-48 Year-2026 Thana- KOPA District- Saran
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                 Uttam Chaudhary @ Uttam Kumar Chaudhary Son of Uma Shankar
                 Chaudhary Resident of Village - Pojhia, P.S. - Kopa, District - Saran at
                 Chapra
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.04.2026 in connection with Kopa P.S. Case No. 48 of 2026

                   for the offence punishable under Section 30(a) of the Bihar

                   Excise and Prohibition Act.

                               3. The case of the prosecution, in brief, is that on

                   22.02.2026, the police got secret information that illicit liquor is

                   kept in the bushes behind the house of Uttam Kumar. On the

                   said information, the police reached near the house of Uttam

                   Kumar where on seeing the police jeep, one person fled away

                   from the spot. Upon inquiry, the local villagers disclosed the

                   name of fled person as Uttam Kumar (petitioner here). On

                   searching, the police recovered total 29.280 litres illicit foreign

                   liquor from the bushes behind the house of this petitioner.

                   Thereafter, police seized the illicit liquor and prepared seizure

                   list in presence of two witnesses from raiding party.
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                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. Learned counsel for the petitioner submits that it

          appears from the FIR and seizure list that nothing has been

          recovered from the conscious possession of the petitioner rather

          the recovery has been made from the bush behind the house of

          the petitioner. It is next submitted that there is non-compliance

          of mandatory provisions of Section 103 of BNSS, 2023 and

          petitioner is in custody since 29.04.2026.

                      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 six 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 3 rd

          Exclusive Special Excise Court, Saran at Chapra in connection

          with Kopa P.S. Case No. 48 of 2026, subject to the following

          conditions:-

                       i. 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.

                                  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