Rajesh Kumar RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40886 of 2026
                       Arising Out of PS. Case No.-559 Year-2026 Thana- SONEPUR District- Saran
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           1.     Rajesh Kumar Rai S/o Late Jagarnath Rai @ Late Jagnarayan Rai Resident
                  of village - Pahaari Chak, Mahi Kinara, P.S - Sonepur, District - Saran
           2.    Prabhat Kumar Dubey S/o Gauri Shankar Dubey R/o Village - Behuna, P.S -
                 Bethu, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gautam
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                        Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. Petitioners seek bail who is in custody since

                   23.05.2026 in connection with Sonepur P.S. Case No. 559 of

                   2026 for the offence punishable under Section 30(a) of the Bihar

                   Prohibition & Excise Act.

                               3. The case of the prosecution, That the prosecution

                   story is brief is that informant on 22.05.2026 at 22:00 hrs during

                   course of vehicle checking received secret information that

                   some accused persons were carrying huge quantity of liquor for

                   selling the same. After receiving the information at about 12:30

                   o'clock at night. Informant reached near the Railway Demu road
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          and seeing the police some persons started fleeing away. Two

          persons were apprehended namely 1. Rajesh Kumar Rai and 2.

          Prabhat Kumar Dubey and one person fled away. Seeing the

          police proceeding local persons gathered there. Informant

          requested to the local persons to be witness of the occurrence

          but nobody agreed be witness. Considering police personnel's as

          independent witness search was conducted. A black color bag

          kept on scooty, from which 13 piece of liquor containing 750 ml

          each was recovered and 13 piece of liquor was also recovered

          from a back pack hanged by Rajesh Kumar Rai. One Black

          color TVS Jupiter bearing Reg no BR01JR-8294 was also

          recovered. Thereafter seizure list was prepared. On enquiry

          about the person who fled away, they disclosed the name of

          Abhay Kumar and scotty also belonged to him.

                      4.    Learned counsel for the petitioner submits that

          petitioners submits that petitioners have falsely been implicated

          in the present case. It is next submitted that it appears from the

          FIR and seizure list that recovery has been made from a scooty

          and petitioners are not the owner of the scooty in question and

          the owner of the scooty is one Abhay Kumar and altogether 19.5

          liters of country made liquor was recovered. Learned counsel

          for the petitioners next submits that it appears from the FIR that
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          the seizure list witnesses are police personnel so there is non-

          compliance of mandatory provisions of Sections 103 and 105 of

          BNSS, 2023 and petitioners are in custody since 23.05.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioners

          and submits that recovery has been made from the possession of

          the petitioners. Apart from that petitioners have antecedent of

          one case other than the present case but fairly submits that

          petitioners are on bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, 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

          2nd Exclusive Special Excise, Saran at Chapra in connection

          with Sonepur P.S. Case No. 559 of 2026, subject to the

          following conditions:-

                       i. Petitioners 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 their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the
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                     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 petitioners and in case at

                     any stage it is found that the petitioners have concealed their

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioners. 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