Praveen Kumar @ Parveen KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40712 of 2026
                      Arising Out of PS. Case No.-123 Year-2026 Thana- Excise P.S. District- Begusarai
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                 Praveen Kumar @ Parveen Kumar S/o Dinesh Yadav R/o Village-
                 Kamruddinpur, Ward No 5, PS- Singhaul, District- Begusarai

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :         Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   15.03.2026 in connection with Excise P.S. Case No. 123 of 2026

                   for the offences punishable under Sections 30(a) and 32(3) of

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution in brief is that there is

                   an allegation of recovery of 838.080 liters of illegal foreign

                   liquor from the plastic bags.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner next submits that it appears

                   from the FIR and seizure list that nothing has been recovered

                   from the conscious possession of the petitioner rather the
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          recovery has been made the vehicle in question and altogether

          838.080 liters of illegal foreign liquor was recovered from the

          plastic bags. 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 police after investigation has submitted

          charge-sheet and petitioner is in custody since 15.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner was apprehended at the place of

          occurrence. Apart from that petitioner has antecedent of two

          cases other than the present case but fairly submits that the

          petitioner is on bail in the pending matters.

                       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 Exclusive

          Spl. Excise Judge-II, Begusarai in connection with Excise P.S.

          Case No. 123 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
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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.

                                  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