Kulvir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29642 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- PASRAHA District- Khagaria ====================================================== Kulvir Singh S/o- Late Surat Singh R/v- RZ/135, New Roshanpura Uttam Nagar, Najafgarh South West Delhi Ps- Najafgarth Dist- South West Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the State :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard Mr. Anish Kumar, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 04.03.2026, in connection with Pasraha P.S. Case No. 45 of 2026, F.I.R. dated 03.03.2026 registered for the offences punishable under Sections 30(a), 32(1), 32(2), 41 of the Bihar Prohibition & Excise Act.

3. Recovery is of 4397.04 litres of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely 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 conscious possession of the petitioner rather recovery has been made from the truck in question and

Patna High Court CR. MISC. No.29642 of 2026(2) dt.04-05-2026 2/3 altogether 4397.04 litres of illicit liquor was recovered from the truck in question. He further submits that the petitioner is not owner of the truck in question and he has no concern at all with the alleged recovery of illicit liquor. It appears from the seizure list that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 04.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and 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 Excise Judge-II, Khagaria in connection with Pasraha P.S. Case No. 45 of 2026, subject to the following conditions :-

(1) One of the bailors should be the family member of the petitioner.

Patna High Court CR. MISC. No.29642 of 2026(2) dt.04-05-2026 3/3

(2) 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.

(3) 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.

(4) 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