Bhagwan SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37456 of 2026
                        Arising Out of PS. Case No.-138 Year-2026 Thana- ISUAPUR District- Saran
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                 Bhagwan Sah S/o Sitaram Sah R/o Village- Bhakura, PS- Baniyapour, Distt.-
                 Chapra, Saran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Nalin Kumar, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-06-2026                     Heard Mr. Nalin Kumar, learned counsel for the

                   petitioner and Mr. Damodar Prasad Tiwary, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   08.04.2026, in connection with Isuapur P.S. Case No. 138 of

                   2026, F.I.R. dated 19.04.2026                 registered for the offences

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

                   Excise Act, 2016.

                                3. Recovery is of 20.00 litres of illicit spirit 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 altogether

                   20.00 litres of illicit spirit liquor was recovered from the
Patna High Court CR. MISC. No.37456 of 2026(2) dt.19-06-2026
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          bamboo orchard outside the village Ramchaura and 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 21.04.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        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, 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 3rd Exclusive Special Excise Court,

          Saran (Chapra) in connection with Isuapur P.S. Case No. 138 of

          2026, subject to the following conditions :-

                        (1) 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

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.37456 of 2026(2) dt.19-06-2026
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                                      (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