Sachit Kumar Yadav @ Sachit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15183 of 2026 Arising Out of PS. Case No.-567 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sachit Kumar Yadav @ Sachit Kumar S/o- Ramadhar Yadav R/v- Vindwaliya Ps- Kuchaikote Dist- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-03-2026 Heard Mr. Deepankar Raj, learned counsel for the petitioner and Md. Iftekhar Mahmood, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 21.12.2025 in connection with Kuchaikote P.S. Case No. 567 of 2025, F.I.R. dated 20.12.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Recovery is of 161.400 liters of country made 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 has

Patna High Court CR. MISC. No.15183 of 2026(2) dt.11-03-2026 2/3 been made from the road side. He further submits that the petitioner was apprehended from the place of occurrence and on the basis of suspicion he has been made accused in the present occurrence. He further submits that altogether 161.400 liters of country made liquor has been recovered and there is noncompliance of Section 103 of the BNSS, 2023. The petitioner is in custody since 21.12.2025.

5 Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner was apprehended along with the illicit liquor and apart from aforesaid, petitioner carries one criminal antecedent of similar nature other than the present one but fairly submits that he is on bail in the pending matter.

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 District and Additional Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj in connection with Kuchaikote P.S. Case No. 567 of 2025, 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

Patna High Court CR. MISC. No.15183 of 2026(2) dt.11-03-2026 3/3 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. 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