Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27771 of 2026 Arising Out of PS. Case No.-74 Year-2026 Thana- SALIMPUR District- Patna ====================================================== Satish Kumar S/o Arvind Rai Resident of Village- Gayaspur Mahaji, P.SSalimpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2026 Heard Ms. Usha Kumari Singh, learned counsel for the petitioner and Ms. Shaheen Begum, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 03.03.2026 in connection with Salimpur P.S. Case No. 74 of 2026, F.I.R. dated 01.03.2026 for the offences punishable under Section 30(a) and of the Bihar Prohibition and Excise (Amendment) Act.

3. Recovery is of 55.335 liters of foreign liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. She 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

Patna High Court CR. MISC. No.27771 of 2026(2) dt.27-04-2026 2/3 rather the recovery of altogether 55.335 liters of illicit liquor has been made from the room in question. It appears from the seizure list that the seizure list witnesses are the police personnel, so there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 03.03.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstance, 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 Exclusive Special Judge, Excise, Barh (Patna) in connection with Salimpur P.S. Case No. 74 of 2026 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 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

Patna High Court CR. MISC. No.27771 of 2026(2) dt.27-04-2026 3/3 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