Saroj RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38089 of 2026
                        Arising Out of PS. Case No.-342 Year-2021 Thana- KHAIRA District- Saran
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                 Saroj Rai Son of Radha Rai @ Radha Ray Resident of Village - Pakari
                 Mahammad, Police Station - Amnour, District - Saran.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                      Heard      Mr. Dhananjay Kumar Tiwary, learned

                   counsel for the petitioner and Mr. Ajay Kumar No. 2, learned

                   APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   17.05.2026, in connection with Khaira P.S. Case No. 342 of

                   2021, F.I.R. dated 03.10.2021                registered for the offences

                   punishable under Sections 30, 30(a)/41(1) of the Bihar

                   Prohibition & Excise Act.

                                3. Recovery is of 211.500 litres of foreign 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 nothing has

                   been recovered from the conscious possession of the petitioner
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          rather recovery has been made from the vehicles in question and

          petitioner has been made accused merely on the ground that the

          petitioner is the owner of one of the vehicle namely Alto Car

          beairng Registration No. BR31S-5208 and the petitioner was

          not apprehended at the place of occurrence. It appears from the

          seizure list that the seizure list witnesses are police personnel so

          there is non-compliance of Sections 103 and 105 of BNSS, 2023

          and the petitioner is in custody since 17.05.2026.

                        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 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/- (Rupees

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

          satisfaction of learned Exclusive Excise Court No. 03, Saran

          (Chapra) in connection with Khaira P.S. Case No. 342 of 2021,

          subject to the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be
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                         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.

                                      (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