Esrar AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40905 of 2026
                        Arising Out of PS. Case No.-113 Year-2026 Thana- Excise P.S. District- Saran
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           1.     Esrar Alam Son of Hasib Miya Resident of Village- Ramapali, P.S.-
                  Maharajganj, Dist.- Siwan
           2.    Chachal Mahto Son of Daroga Mahto Resident of Village- Rusi Bareja, P.S.-
                 Kopa, Dist.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Chandra Mohan Jha
                 For the Opposite Party/s :         Mr. Ahmad Ali
                 ======================================================
                 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

                   19.05.2026 in connection with Sadar Excise P.S. Case No. 113

                   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 that one Nisha Kumari

                   S.I. Sadar Excise P.S. of Saran lodged a written statement

                   addressed to S.H.O. Sadar Excise P.S. Saran on 19.5.2026

                   alleging precisely therein inter alia that on 19.5.2026 at around 4

                   A.M. she along with other police forces proceeded from the

                   police station. On secret information, in course of checking
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          vehicles by her and police personnel near Sonho Toll Plaza

          under Bheldi PS., the informant apprehended two persons who

          kept a large consignment of illicit liquor in a Mahindra XUV500

          car bearing registration number BR-01PD-0062. Upon inquiry,

          the apprehended accused persons disclosed their name as Esrar

          Alam (Driver) and Chanchal Mahto (Co-driver) respectively. On

          searching the said vehicle, the police recovered total 222 litres

          of illicit foreign liquor which was kept in the said car from the

          possession of these petitioners on the spot. Thereafter, the

          informant seized the illicit liquor and said vehicle and prepared

          seizure list in presence of two witnesses from raiding team.. On

          the basis of the aforesaid written statement, Sadar Excise P.S.

          case no. 113 of 2026 dated 19.05.2026 under section 30(a) 32(3)

          of Bihar Prohibition and Excise Act was registered for

          investigation.

                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and have falsely been

          implicated in the present case. It is further submitted that the

          allegation as alleged in the FIR is forged and fabricated and the

          petitioners have not committed any offence as alleged in the

          FIR. It is next submitted that from perusal of the FIR it appears

          that altogether 222 liters of illicit foreign liquor has been
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          recovered from the car and petitioners are not the owner of the

          car in question and they have made accused in this case merely

          on the ground that petitioner no. 1 is driver and petitioner no. 2

          is co-driver of the vehicle in question. 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

          and petitioners are in custody since 19.05.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioners.

                       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

          Exclusive Special Excise Court No. 3, Saran at Chapra in

          connection with Sadar Excise P.S. Case No. 113 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.
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                                  ii. If the petitioners 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 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