Suraj Giri @ Suraj Kumar Pandit @ Chhotu Pandit @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19495 of 2026 Arising Out of PS. Case No.-36 Year-2026 Thana- MALSALAMI District- Patna ====================================================== Suraj Giri @ Suraj Kumar Pandit @ Chhotu Pandit @ Chhotu Kumar S/O Umesh Giri @ Suresh Giri R/O Bangla Par, East Nandgola, Nagla, P.SMalsalami, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anupam Prabhat Shrivastava, Advocate For the State :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-03-2026 Heard Mr. Anupam Prabhat Shrivastava, learned counsel for the petitioner and Ms. Shaheen Begum, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 21.01.2026, in connection with Malsalami P.S. Case No. 36 of 2026, F.I.R. dated 21.01.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act.

3. Recovery is of 150 litres of country made Mahua liquor.

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 it appears from the F.I.R.

Patna High Court CR. MISC. No.19495 of 2026(2) dt.31-03-2026 2/3 as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the place of occurrence and petitioner has been made accused on the basis of suspicion and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 21.01.2026.

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 one more case of similar nature other than the present one.

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 there is non-compliance of Sections 103 and 105 of the BNSS, 2023, 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 Court of Excise, Patna City, Patna in connection with Malsalami P.S. Case No. 36 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

Patna High Court CR. MISC. No.19495 of 2026(2) dt.31-03-2026 3/3 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