Uttam Singh @ Uttam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32242 of 2026 Arising Out of PS. Case No.-63 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Uttam Singh @ Uttam Kumar S/o- Parmanand Singh Resident of village - Bheriya, Police Station- Durgawati,District- Kaimur Bhabhua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2026 Heard Mr. Rakesh Kumar Mishra, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.02.2026 in connection with Durgawati P.S. Case No. 63/2026, F.I.R. dated 26.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 54 liters of country made liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been 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 the recovery has been made from the motorcycle in question. One co-accused,
Patna High Court CR. MISC. No.32242 of 2026(2) dt.08-05-2026 2/3 namely, Rajat Singh was apprehended who disclosed the name of the petitioner and the co-accused persons in the alleged occurrence. The seizure list witnesses are police personnel and there is non-compliance of Sections 103 and 105 of the BNSS. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 26.02.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one more criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances, 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-II), Kaimur (Bhabhua) in connection with Durgawati P.S. Case No. 63/2026, 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
Patna High Court CR. MISC. No.32242 of 2026(2) dt.08-05-2026 3/3 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 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) atul/- U T