Rahul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39385 of 2026
                       Arising Out of PS. Case No.-210 Year-2026 Thana- DORIGANJ District- Saran
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                 Rahul Kumar S/o Jayant Kumar Rai Resident of Village - Purbi Balua, P.s. -
                 Doriganj, District - Saran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Raushan Raj, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-06-2026                     Heard Mr. Raushan Raj, learned counsel for the

                   petitioner and Mr. Sucheta Yadav, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   17.05.2026, in connection with Doriganj P.S. Case No. 210 of

                   2026, F.I.R. dated 16.05.2026                registered for the offences

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

                   Excise Act, 2016.

                                3. Recovery is of 55.00 litres of illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent 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 rather recovery has been

                   made from the motorcycle in question and petitioner is not the
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          owner of the motorcycle in question and he has been falsely

          implicated in the present case merely on the basis of suspicion.

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

          list witnesses are Bihar Home Guard personnel so there is non-

          compliance of Sections 103 and 105 of BNSS, 2023and 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 and submits that the petitioner carries two more cases

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

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

          on bail in the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that 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 3 rd Exclusive Special

          Excise Judge, Saran at Chapra in connection with Doriganj P.S.

          Case No. 210 of 2026, 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