Santosh SharmaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42572 of 2026
                       Arising Out of PS. Case No.-309 Year-2026 Thana- Excise P.S. District- Purnia
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                 Santosh Sharma, Male, aged about 42 years, Son of Late Mahanati Lal
                 Sharma, Resident of Village- Bharti Nagar, Ward no 26/35, PS- Sadar,
                 District- Saharsha.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Ankita Kumari, Advocate
                 For the Opposite Party/s :         Mr. Sanjay Kumar Pandey, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   Sadar P.S. Case No. 309 of 2026 instituted for the offences

                   punishable under Sections 30(a) and 47 of the Bihar Prohibition

                   and Excise Act, 2016.

                                3. As per allegation in the FIR, on search, total 76.230

                   liters of foreign liquor has been recovered from the white colour

                   Maruti Suzuki Swift Desire Car.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. She submits that petitioner

                   has no concern with the seized illicit liquor. She further submits

                   that there is no any independent witnesses of the seizure list and
Patna High Court CR. MISC. No.42572 of 2026(2) dt.01-07-2026
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          none of the independent witnesses have signed in the seizure

          list. Petitioner has got clean antecedent as stated in para 3 of the

          bail petition and he is in judicial custody since 19.05.2026.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, seizure list and the

          impugned order of the learned Exclusive Special Judge (Excise-

          01), Purnia dated 29.05.2026, it appears that petitioner is named

          in the FIR. From perusal of the records, it also appears that on

          the basis of written report of the informant namely, Surendra

          Paswan, Assistant Sub-Inspector of Police, Purnia, FIR has been

          registered under Sections 30(a) and 47 of the Bihar Prohibition

          and Excise Act, 2016 against the present petitioner and the

          allegation is of recovery of foreign liquor from the possession of

          the petitioner. From perusal of seizure list, it also appears that

          there is no any independent witness of the seizure, petitioner is

          under custody since 19.05.2026 having got clean antecedent as

          stated in para 3 of the petition, so considering all these aspects

          of the case and submission of learned counsel for the petitioner,

          I am inclined to grant regular bail to the petitioner.

                       7. Accordingly the prayer for regular bail of the

          petitioner is allowed.          Let     the petitioner above named be
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                      released on regular bail on furnishing bail bonds of Rs. 10,000/-

                      (Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Special Judge, Excise-I,

                      Purnia in connection with Excise Sadar P.S. Case No. 309 of

                      2026.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T