Lalit Kumar SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86452 of 2025
                     Arising Out of PS. Case No.-218 Year-2025 Thana- PANDAUL District- Madhubani
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                 Lalit Kumar Sah Son of Shivjee Sah @ Shivji Sahu Resident of Village-
                 Lohat (Velhi), P.S.- Pandaul, District- Madhubani

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

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

3   19-01-2026                      Heard Mr. Ravi Prakash, learned counsel for the

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

                                 2. Petitioner seeks bail, who is in custody since

                   06.11.2025, in connection with Pandaul P.S. Case No. 218 of

                   2025, G.R. No. 1279 of 2025 F.I.R. dated 17.09.2025 registered

                   for the offences punishable under Sections 30(a), 41(1), 31(1),

                   31(2) of the Bihar Prohibition and Excise Act, 2016.

                                 3. Recovery is of 5385.12 litres of foreign wine.

                                 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 the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not

                   committed any offence as alleged in the F.I.R. and petitioner ha

                   been made accused merely on the basis of disclosure made by
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          local choukidar as well as his previous criminal antecedent of

          similar nature. It appears from the F.I.R. as well as seizure list

          that nothing has been recovered from the possession of the

          petitioner rather recovery has been made from the Truck and

          Car in question and the petitioner is in custody since

          06.11.2025.

                       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 two more cases

          of similar nature but fairly submits on the basis of paragraph-3

          of the bail petition that the petitioner is on bail in the pending

          matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and petitioner has been made

          accused on the basis of disclosure made by local choukidar, 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, Madhubani in connection with

          Pandaul P.S. Case No. 218 of 2025, G.R. No. 1279 of 2025,

          subject to the following conditions :-
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                                      (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 his absence on two consecutive dates without sufficient

                         reason, his 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 his

                         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