Raj Kishor KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37282 of 2026
                      Arising Out of PS. Case No.-63 Year-2026 Thana- YADOPUR District- Gopalganj
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                 Raj Kishor Kumar S/O Balistar Chaurasiya Resident of Village- Baluwan
                 Sagar, P.S- Bishmbharpur, Distt.- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Adesh Raj, Advocate
                 For the Opposite Party/s :       Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                        Heard Mr. Adesh Raj, learned counsel for the

                   petitioner and Ms. Pronoti Singh, the learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   09.03.2026 in connection with Yadavpur P.S. Case No. 63 of

                   2026, F.I.R. dated 08.03.2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022.

                                3. Recovery is of 248.200 liters of Country made

                   liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. Further submits

                   that it appears from the FIR as well as the seizure list that

                   nothing has been recovered from conscious possession of the
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          petitioner rather the recovery has been made from the

          motorcycle in question and petitioner is not the owner of the

          motorcycle in question and he has been made accused in the

          present case merely on the basis of suspicion. Learned counsel

          for the petitioner submits that it appears from the FIR that there

          is non-compliance of Sections 103 and 105 of the B.N.S.S, 2023

          and police after investigation submitted the charge-sheet against

          the petitioner and the petitioner is in custody since 09.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent and there is non-compliance of Section 103 and 105

          of the B.N.S.S, 2023, 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 learned District and Addl. Sessions Judge XIII-

          cum-Spl. Excise Court No.-I, Gopalganj in connection with

          Yadavpur P.S. Case No. 63 of 2026, with 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
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                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her 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)
Nitesh/-

U          T