Patna High CourtCR. MISC./31292/2026bail granted

Sahil v. The State Of Bihar

2026-05-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31292 of 2026 Arising Out of PS. Case No.-963 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Sahil S/o Banto @ Bantu Resident of Village - Damodar Khurd, P.S - Bahadurgarh, District - Jhajar, State - Hariyana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aquaib Khan, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2026 Heard Mr. Aquaib Khan, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 11.04.2026, in connection with Bhabhua Excise P.S. Case No. 963 of 2024, F.I.R. dated 22.12.2024 registered for the offences punishable under Sections 30(a), 32(1), (3), 41(1)(2) of the Bihar Prohibition & Excise Amendment Act, 2022.

3. Recovery is of 216.00 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 recovery has been made from the car in question and altogether 260.00 litres

Patna High Court CR. MISC. No.31292 of 2026(2) dt.08-05-2026 2/3 of illicit liquor was recovered from the car in question and petitioner is not the owner of the car in question. It appears from the seizure list that the seizure list witnesses are Bihar Home Guard personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 11.04.2026.

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 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 Judge (Excise)-II, Kaimur at Bhabhua in connection with Bhabhua Excise P.S. Case No. 963 of 2024, 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

Patna High Court CR. MISC. No.31292 of 2026(2) dt.08-05-2026 3/3 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.

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