Sanjay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37618 of 2026
                       Arising Out of PS. Case No.-116 Year-2026 Thana- Excise P.S. District- Saharsa
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                 Sanjay Kumar Son of Sitaram Yadav Resident of Mohalla- Naya Bazar, Ward
                 No. 12, Saharsa, P.S.- Saharsa Sadar, District- Saharsa.

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

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

2   17-06-2026                       Heard Mr. Amarnath Jha, learned counsel for the

                   petitioner and Mr. Madan Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   14.03.2026 in connection with Saharsa Excise P.S. Case No. 116

                   of 2026, F.I.R. dated 14.03.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2018.

                                3. Recovery is of 22.290 liters of illicit foreign liquor.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case merely on the basis of suspicion. He further

                   submits that it appears from the F.I.R. as well as seizure list that

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

          question and which was recovered from the place of occurrence.

          He further submits that seizure list witnesses are RPF personnel

          so there is non-compliance of Section 103 and 105 of BNSS. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioner. The petitioner is in custody

          since 14.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries three criminal antecedents other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the said 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 Exclusive

          Special Judge (Excise)-I, Saharsa in connection with Saharsa

          Excise P.S. Case No. 116 of 2026, subject to 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
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                       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)
Suruchi/-

U      T