Prabhu Kumar Gupta @ Prabhu SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 37312 of 2026
                     Arising Out of PS. Case No.-55 Year-2026 Thana- Excise Mashrakh District- Saran
                 ======================================================
                 Prabhu Kumar Gupta @ Prabhu Sah S/O Suresh Prasad Gupta @ Suresh
                 prasad Resident of Village - Patliputra, P.S- Patliputra,Dist- Patna

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

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

2   16-06-2026                    Heard Mr. Gajendra Kumar Singh, learned counsel

                   for the petitioner and Mr. Anil Prasad Singh, the learned A.P.P.

                   for the State.

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

                   29.04.2026 in connection with Mashrakh P.S. Case No. 55 of

                   2026, F.I.R. dated 28.04.2026 registered for the offence

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

                   Act.

                                3. Recovery is of 189.640 liters of foreign/spirit

                   liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. It appears from

                   the FIR as well as the seizure list that 54.640 liters of Indian

                   made foreign liquor/beer was recovered from the possession of
Patna High Court CR. MISC. No. 37312 of 2026(2) dt.16-06-2026
                                            2/3




          co-accused persons and 135 liters of spirit was recovered from

          the bus in question. Learned counsel for the petitioner submits

          that the petitioner has been made accused in the present case

          merely on the ground that he is the conductor of the bus in

          question. Learned counsel for the petitioner submits that the

          petitioner has no concern at all with the alleged recovery of

          illicit liquor or the spirit in question and there is non-compliance

          of Sections 103 and 105 of the BNSS, 2023 and the petitioner is

          in custody since 29.04.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, recovery has been made from possession of other

          co-accused person and the bus in question 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/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned 3 rd Exclusive

          Special Excise Judge, Saran at Chapra in connection with

          Mashrakh P.S. Case No. 55 of 2026, with the following

          conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No. 37312 of 2026(2) dt.16-06-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         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