Birendra Nut @ Birendra NatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40938 of 2026
                       Arising Out of PS. Case No.-147 Year-2026 Thana- DORIGANJ District- Saran
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                 Birendra Nut @ Birendra Nat S/O Lakshman Nut R/O Village- Musepur Nut
                 Toli, P.S.- Doriganj, Distt.- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mrs. Pushpa Sinha-1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                    Heard Mr. Alok Kumar Alok, learned counsel for

                   the petitioner and Mrs. Pushpa Sinha-1, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   07.05.2026, in connection with Doriganj P.S. Case No. 147 of

                   2026, F.I.R. dated 14.03.2026                registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act.

                                3. Recovery is of 26.00 litres of country made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case on the basis of suspicion. He further submits that it

                   appears from the F.I.R. that altogether 26 litres of country made

                   liquor was recovered from the place of occurrence. As per
Patna High Court CR. MISC. No.40938 of 2026(2) dt.30-06-2026
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          allegation in the F.I.R. the petitioner was fled away from the

          place of occurrence.            He further submits that in fact the

          petitioner was not present at the place of occurrence and the

          petitioner has been implicated in the present case due to

          previous criminal antecedent. It appears from the seizure list

          that the seizure list witnesses are police personnel so there is

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

          petitioner is in custody since 07.05.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                 bail of the

          petitioner and submits that the petitioner carries three more case

          of similar nature other than the present one.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and 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             Exclusive Special

          Excise Court No. 3, saran at Chapra in connection with Doriganj

          P.S. Case No. 147 of 2026,                     subject to the following

          conditions :-
               Patna High Court CR. MISC. No.40938 of 2026(2) dt.30-06-2026
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                                      (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 her absence on two consecutive dates without sufficient

                         reason, her 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 her

                         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