Patna High CourtCR. MISC./33451/2026bail granted

Satish Kumar v. The State Of Bihar

2026-05-14Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33451 of 2026 Arising Out of PS. Case No.-26 Year-2026 Thana- SALIMPUR District- Patna ====================================================== Satish Kumar S/o Late Ram Lakhan Singh R/o Village - Narauli, P.s. - Salimpur, Dist. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-05-2026 Heard Mr.Rakesh Bihari Singh, learned counsel for the petitioner and Mr.Raj Kishor Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 26.01.2026 in connection with Salimpur P.S. Case No. 26 of 2026, F.I.R. dated 24.01.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Recovery is of 46.92 liters of foreign made liquor.

4. Learned counsel appearing for the petitioner submits that it appears from the FIR as well as seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the house of the petitioner and the petitioner is not the exclusive owner of the

Patna High Court CR. MISC. No.33451 of 2026(2) dt.14-05-2026 2/3 house in question and the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and police after investigation submitted the chargesheet against the petitioner and the petitioner is in custody since 26.01.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the recovery has been made from the house of the petitioner, apart from that, the petitioner carries one more case other than the present one of similar nature but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact and nothing has been recovered from conscious possession of the petitioner, 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 learned Exclusive Special Judge Excise, Barh, Patna in connection with Salimpur P.S. Case No. 26 of 2026, with 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/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.33451 of 2026(2) dt.14-05-2026 3/3 reason, his/her 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 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) Nitesh/- U T