Ram Pravesh RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39390 of 2026
                 Arising Out of PS. Case No.-31 Year-2026 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Ram Pravesh Rai S/o Kashee Ray @ kashi Rai Resident of Vill- Yadopur,
                 Mauje P.S- Yadopur, Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nilesh Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-06-2026                    Heard Mr. Nilesh Kumar Pandey, learned counsel

                   for the petitioner and Mr. Shahabuddin Azeem @ S. Azeem,

                   learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   18.03.2026, in connection with Vishambharpur P.S. Case No. 31

                   of 2026, F.I.R. dated 18.03.2026 registered for the offences

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

                   Excise Act, 2016.

                                3. Recovery is of 405.00 litres of country made 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
Patna High Court CR. MISC. No.39390 of 2026(2) dt.23-06-2026
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          made from the vehicle in question and petitioner is not the

          owner of the motorcycle in question. Petitioner is the driver of

          the vehicle in question and altogether 405 litres of country made

          liquor was recovered from the vehicle in question.       It appears

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

          witnesses are police personnel so there is non-compliance of

          Sections 103 and 105 of BNSS, 2023. He further submits that

          the police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 18.03.2026.

                       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 four more cases

          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 Exclusive Special
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                         Excise Court-II, Gopalganj in connection with Vishambharpur

                         P.S. Case No. 31 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

                         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