Satender Kumar @ Sitender KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37413 of 2026
                          Arising Out of PS. Case No.-49 Year-2026 Thana- Bahera District- Gaya
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           1.     Satender Kumar @ Sitender Kumar S/O Ram Pravesh Mistri R/O village-
                  Nanhemar, P.S.- Kako, District- Jehanabad
           2.    Ravikant Kumar S/O Ram Vinod Prasad R/O village- Rasula, P.S.- Kako,
                 District- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinod Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                      Heard Mr. Vinod Kumar, learned counsel for the

                   petitioners and Mr. Ramesh Chandra, learned APP for the State.

                                2. Petitioners seek bail, who are in custody since

                   22.03.2026, in connection with Bahera P.S. Case No. 49 of

                   2026, F.I.R. dated 21.03.2026                 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition &

                   Excise Amendment Act, 2022.

                                3. Recovery is of 1325.075 litres of foreign liquor and

                   12 litres of Beer.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and they have been falsely implicated in

                   the present case. He further submits that it appears from the
Patna High Court CR. MISC. No.37413 of 2026(2) dt.16-06-2026
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          F.I.R. as well as seizure list that recovery has been made from

          the postal partial van and altogether 1325.075 lires of Indian

          made foreign liquor was recovered and 12 litres of Beer was

          also recovered from the vehicle in question. He further submits

          that the petitioners are not the owner of the vehicle in question

          and there is non compliance of Sections 103 and 105 of the

          B.N.S.S., 2023 and the petitioners are in custody since

          22.03.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioners and submits that the petitioners were apprehended

          from the place of occurrence and apart from aforesaid the

          petitioner no. 1 carries one more case of similar nature and

          petitioner no. 2 carries two more cases of similar nature other

          than the present one.

                       6. Considering the facts and circumstances of the case

          and the fact that there is non-compliance of Sections 103 and

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

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

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

          the satisfaction of learned Exclusive Special Judge, Excise-5,

          Gaya in connection with Bahera P.S. Case No. 49 of 2026,
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                         subject to the following conditions :-

                                      (1) Petitioners 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 their absence on two consecutive dates without

                         sufficient reason, their bail bonds shall be cancelled by the

                         Court below.

                                      (2) If the petitioners tamper 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 petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            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