Rohit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41582 of 2026
                         Arising Out of PS. Case No.-69 Year-2026 Thana- CHERKI District- Gaya
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                 Rohit Kumar S/o Ram Pravesh Yadav @ Ram Prawesh Yadav R/o village-
                 Kachauri, P.S.- Sherghati, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinod Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

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

                   petitioner and Mr. Madan Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   05.05.2026, in connection with Cherki P.S. Case No. 69 of

                   2026, F.I.R. dated 04.05.2026                registered for the offences

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

                   Excise Amendment Act, 2022.

                                3. Recovery is of 59.625 litres of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case. From perusal of the F.I.R., it

                   appears that altogether 59.625 litres of foreign liquor was

                   recovered from the motorcycle in question and petitioner has

                   been made accused in the present case merely on the ground
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          that the petitioner is the owner of the motorcycle in question. He

          further submits that 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 05.05.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          there is non-compliance of Sections 103 and 105 of the BNSS,

          2023 as well as recovery has been made from the motorcycle in

          question, 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 Judge Excise-1, Gaya Jee in

          connection with Cherki P.S. Case No. 69 of 2026, subject to the

          following conditions :-

                        (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
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                     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//-

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