Shankar ChaudhariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38759 of 2026
                     Arising Out of PS. Case No.-87 Year-2026 Thana- DULHIN BAZAR District- Patna
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                 Shankar Chaudhari S/O Kishor Chaudhari R/O Vill.- Naka No. 1, Ward no. 6,
                 P.S. and Dist.- Jehanabad.

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar Patna

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :       Mr. Parashuram Singh, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, A.P.P.
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   04.03.2026 in connection with Dulhin Bazar P.S. Case No. 87 of

                   2026 for the offences punishable under Sections 30(a), 41 and

                   56 of the Bihar Prohibition and Excise Act.

                               3. The case of the prosecution, in brief, is that on 03-

                   03-2026, the police received a secret message and to verify the

                   same they reached at the P.O. and started checking vehicles and

                   in that process they caught a person along-with his tempo, who

                   told his name as Shankar Chaudhary. On search altogether 240

                   liters of illicit country made liquor was recovered from the said

                   tempo bearing Registration No. BR25PA- 5614.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.38759 of 2026(2) dt.22-06-2026
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          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is further submitted that it appears from

          the FIR that altogether 240 liters of illicit country made liquor

          was recovered from the said tempo in question and petitioner

          has been made an accused in the present case merely on the

          basis of suspicion. It is next submitted that petitioner is not the

          owner of the tempo in question. It is next submitted that from

          perusal of the seizure list it appears that the seizure list

          witnesses are police personnel so there is non-compliance of

          mandatory provisions of Sections 103 and 105 of BNSS, 2023.

          Learned counsel for the petitioner next submits that petitioner is

          in custody since 04.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       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 Special

          Excise Judge, Danapur in connection with Dulhin Bazar P.S.
           Patna High Court CR. MISC. No.38759 of 2026(2) dt.22-06-2026
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                     Case No. 87 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

                     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)
Gaurav Sinha/-

U      T