Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24238 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- Raghunathpur Excise District- Siwan ====================================================== Piyush Kumar Son of Bhim Sah Resident of village - Saidpura, P.S.- M.H. Nagar, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the State :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2026 Learned counsel for the petitioner is directed to make necessary correction in paragraph-3 of the bail petition, in course of the day.

2. Heard Ms. Kumari Anupam, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned APP for the State.

3. Petitioner seeks bail, who is in custody since 28.02.2026, in connection with Raghunathpur P.S. Case No. 38 of 2026, F.I.R. dated 28.02.2026 registered for the offences punishable under Sections 30(a), 47 of the Bihar Prohibition & Excise Act, 2016.

4. Recovery is of 261 litres of local liquor.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the

Patna High Court CR. MISC. No.24238 of 2026(2) dt.15-04-2026 2/3 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 recovery has been made from the vehicle in question and altogether 261.00 lires of local liquor was recovered from the motorcycle in question. He further submits that the petitioner is not the owner of the motorcycle in question and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the seizure list witnesses are police personnel and the petitioner is in custody since 28.02.2026.

6. 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 but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

7. 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

Patna High Court CR. MISC. No.24238 of 2026(2) dt.15-04-2026 3/3 amount each to the satisfaction of learned Exclusive Special Excise Court No. 02, Siwan in connection with Raghunathpur P.S. Case No. 38 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 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.

Ibrar//- (Rajesh Kumar Verma, J) U T