← Library
Patna High CourtCR. MISC./18807/2026bail granted

Saurav Kumar v. The State Of Bihar

2026-04-22Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18807 of 2026 Arising Out of PS. Case No.-97 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== Saurav Kumar S/O Mukesh Singh Resident of Village- Bihat Gurudaspur Tola, P.S.- F.C.I., District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate :

Mr. Amit Prakash, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2026 Heard Mr. Binod Kumar, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.01.2026 in connection with Manikpur P.S. Case No. 97 of 2024, F.I.R. dated 02.09.2024 for the offences punishable under Section 274, 275 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. Recovery is of 9 liters of desi Mahua 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

Patna High Court CR. MISC. No.18807 of 2026(3) dt.22-04-2026 2/3 conscious possession of the petitioner rather the recovery has been made from motorcycle in question and two co-accused persons, namely, Tulsi Kumar and Fantus Kumar were apprehended along with the illicit liquor and petitioner has been made accused merely on the basis that he is the owner of the motorcycle in question. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.01.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries eleven criminal antecedent other than the present one but fairly submits that the petitioner is on bail in nine cases and two cases are pending for consideration before competent Court of law.

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 & Additional Sessions Judge, IV-cum-Exclusive Special Judge Excise-I, Lakhisarai in connection with Manikpur P.S. Case No. 97 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.18807 of 2026(3) dt.22-04-2026 3/3 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. 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) Suruchi/- U T