Akhilesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43952 of 2026
                    Arising Out of PS. Case No.-31 Year-2026 Thana- EXCISE SONPUR District- Saran
                 ======================================================
                 Akhilesh Kumar S/o Chandeshwar Sahni Resident of - Ratnauli, P.S -
                 Maniyari, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Bhardwaj, Advocate
                 For the Opposite Party/s :      Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                     Heard Mr. Ravi Bhardwaj, learned counsel for the

                   petitioner and Mr. Gauri Shankar Gupta, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   17.02.2026, in connection with Sonepur Excise P.S. Case No. 31

                   of 2026, F.I.R. dated 05.06.2026 registered for the offences

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

                   Excise (Amendment) Act, 2018.

                                3. Recovery is of 11.250 litres of Indian made 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.              He further submits that it

                   appears from the F.I.R. as well as seizure list that altogether
Patna High Court CR. MISC. No.43952 of 2026(2) dt.07-07-2026
                                            2/3




          11.250 litres of Indian made foreign liquor was recovered from

          the bag in question. It appears from the F.I.R. as well as seizure

          list that the seizure list witnesses are police personnel so there is

          non-compliance of Sections 103 and 105 of BNSS, 2023. The

          petitioner is in custody since 06.05.2026.

                        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 he has been made accused on the basis of

          suspicion, 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-III, Excise, Saran at Chapra in

          connection with Sonepur Excise P.S. Case No. 31 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
               Patna High Court CR. MISC. No.43952 of 2026(2) dt.07-07-2026
                                                           3/3




                         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