Shakti ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43982 of 2026
                  Arising Out of PS. Case No.-514 Year-2026 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Shakti Chaudhary son of Dilip Chaudhary Resident of Vill-
                 Hatiyagachhi,Ward No.31,P.S-Saharsa Sadar, Dist- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar Singh, Advocate
                 For the Opposite Party/s :      Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                     Heard Mr. Pankaj Kumar Singh, learned counsel for

                   the petitioner and Ms. Asha Devi, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   13.05.2026 in connection with Saharsa Sadar P.S. Case No. 514

                   of 2026, F.I.R. dated 13.05.2026 for the offences punishable

                   under Sections 30(a) and 41 of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                               3. Recovery is of 92.625 liters of illicit foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

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

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery of
Patna High Court CR. MISC. No.43982 of 2026(2) dt.07-07-2026
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          altogether 92.625 liters of illicit foreign liquor has been made

          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 Section 103/105 of the BNSS, 2023. The

          petitioner is in custody since 13.05.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries two criminal antecedent other

          than the present one but fairly submit that he is on bail in both

          the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge (Excise)-II, Saharsa in connection with Saharsa

          Sadar P.S. Case No. 514 of 2026 subject to the following

          conditions:-

                        i. 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 his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.
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                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. 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 his

                      criminal antecedent, 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)
Vanisha/-

U      T