Shivji Rai @ Siwji Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23427 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- ISUAPUR District- Saran ====================================================== Shivji Rai @ Siwji Rai S/O Chanar Rai @ Chandar Rai R/O Village- Lauwa, P.S.- Isuapur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30 (a) of the Excise Act.

3. The case of the prosecution is that near NH-19 near a Pulia, altogether 10 liters of country made liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner rather the same has been recovered from an open place. It is further submitted that all the witnesses to the seizure

Patna High Court CR. MISC. No.23427 of 2026(2) dt.16-04-2026 2/2 list are police personnel and the police have not complied the mandatory provision of Section 105 of the BNS at the time of seizure. Moreover, the petitioner is languishing in judicial custody since 01.02.2026 having 11 criminal antecedents. 5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Isuapur P.S. Case No. 13 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Saran at Chapra/concerned Court, subject to the condition that the petitioner shall not indulge in similar nature of offence in near future.

(Ashok Kumar Pandey, J) Jagdish/- U T