Sonu KumarversusThe state of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40767 of 2026
                 Arising Out of PS. Case No.-157 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
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                 Sonu Kumar S/o Ajay Ray Resident of Village-Dautpur Bagica ,P.S-
                 Sahpur ,Dist- Patna

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

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

2   30-06-2026                    Heard Mr. Rakesh Bihari Singh, learned counsel for

                   the petitioner and Mr. Nityanand, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   06.05.2026 in connection with Excise Durgawali P.S. Case No.

                   157 of 2026, F.I.R. dated 05.05.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                               3. Recovery is of 557.85 liters of illicit English wine.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been 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 the recovery of
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          altogether 557.85 liters of illicit English wine has been made

          from the vehicle in question. He further submits that the

          petitioner has no concern at all from the recovery of the illicit

          liquor. It appears from the seizure list that seizure list witnesses

          are police personnel, so there is non-compliance of Section

          103/105 of the BNSS, 2023. The petitioner is in custody since

          06.05.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was apprehended from the place of

          occurrence and apart from that the petitioner carries one

          criminal antecedent other than the present one but fairly submit

          that he is on bail in the said case.

                       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

          Special Judge Excise-ii, Kaimur, Bhabua in connection with

          Excise Durhawati P.S. Case No. 157 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)
Vanisha/-

U      T