Pancham Kumar Singh @ Panchan kumar singhversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39432 of 2026
                       Arising Out of PS. Case No.-56 Year-2026 Thana- AMBA District- Aurangabad
                 ======================================================
                 Pancham Kumar Singh @ Panchan kumar singh S/o Uday Singh R/o of
                 Village - Singhana, PS - Amba, District - Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dayanand Singh, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-06-2026                    Heard Mr. Dayanand Singh, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   02.04.2026, in connection with Amba P.S. Case No. 56 of 2026,

                   F.I.R. dated 01.04.2026 registered for the offences punishable

                   under Sections 274, 275 of the B.N.S. and Section 30(a) of the

                   Bihar Prohibition & Excise (Amendment) Act, 2022.

                                3. Recovery is of 160.00 litres of country made

                   Mahua 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 altogether 160
Patna High Court CR. MISC. No.39432 of 2026(2) dt.23-06-2026
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          litres of country made Mahua liquor was recovered from the

          motorcycle in question and the petitioner is not the owner of the

          motorcycle in question and he has been made accused in the

          present case merely on the basis of suspicion.. It appears from

          the seizure list that the seizure list witnesses are Bihar Home

          Guard personnel and police personnel so              there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 02.04.2026.

                       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 that the petitioner having clean antecedent and

          recovery has been made from the motorcycle in question and

          petitioner is not the owner of the motorcycle in question as well

          as 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 District & Additional Sessions Judge cum Exclusive

          Special Judge, Excise Court No. 1, Aurangabad in connection

          with Amba P.S. Case No. 56 of 2026, subject to the following
               Patna High Court CR. MISC. No.39432 of 2026(2) dt.23-06-2026
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                         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