Pankaj KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42771 of 2026
                   Arising Out of PS. Case No.-94 Year-2026 Thana- SURYAGARHA District- Lakhisarai
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                 Pankaj Kumar Son of Krishna Dave Yadav @ Krishndev Yadav R/o Village -
                 Khaira Ward No. 16, P.S.- Kajra, District - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brajesh Sahay, Advocate
                                                  Mr. Umesh Prasad, Advocate
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                     Heard Mr. Brajesh Sahay, learned counsel for the

                   petitioner and Mr. Md. Nazir Ansari, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   19.04.2026, in connection with Surajgarha P.S. Case No. 94 of

                   2026, F.I.R. dated 19.04.2026                registered for the offences

                   punishable under Sections 30(a), 32(3) and 32(c) of the Bihar

                   Prohibition and Excise Act.

                                 3. Recovery is of 90.00 litres of country made Mahua

                   liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that recovery has been made from the
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          vehicle in question and altogether 900.00 litres of country made

          Mahua liquor was recovered from the vehicle in question. 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

          19.04.2026.

                       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

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that the out of three cases, the

          petitioner is on bail in two cases and rest one case is pending for

          consideration before the competent court of law.

                       6. Considering the facts and circumstances of the case

          and the fact that there is non-compliance of Sections 103 and

          105 of the BNSS, 2023 and nothing has been recovered from the

          conscious possession of the petitioner, 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   District &

          Additional Sessions Judge-IV-cum-Special Excise Court 1st,

          Lakhisarai in connection with Surajgarha P.S. Case No. 94 of
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                         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

                         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