Akshay RamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38121 of 2026
                       Arising Out of PS. Case No.-356 Year-2026 Thana- Excise P.S. District- Siwan
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                 Akshay Ram S/o Banwari Ram R/o Village- Bhaisakhal P.S- Jaridai, Dist-
                 Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                    Heard Mr. Chandra Mohan Jha, learned counsel for

                   the petitioner and Mr. Rajendra Singh, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   03.05.2026, in connection with Siwan Excise P.S. Case No. 356

                   of 2026, F.I.R. dated 03.05.2026 registered for the offences

                   punishable under Section 30(a), 47 of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 486.00 litres of country made 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 recovery has

                   been made from the vehicle in question and petitioner is neither
Patna High Court CR. MISC. No.38121 of 2026(2) dt.17-06-2026
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          the driver nor the owner of the vehicle in question. He further

          submits that the petitioner has no concern at all with the alleged

          recovery of illicit liquor or the vehicle in question and he has

          been made accused in the present case 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 and there is non-compliance of mandatory provision

          of BNSS, 2023 and the petitioner is in custody since

          03.05.2026.

                        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           there is non-compliance of mandatory

          provision of 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 Special, Excise Court-2,

          Siwan in connection with Siwan Excise P.S. Case No. 356 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
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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.

                                      (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