Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36237 of 2026 Arising Out of PS. Case No.-93 Year-2026 Thana- KARAKAT District- Rohtas ====================================================== 1.

Satyendra Kumar S/o Radha Singh @ Radheshyam Singh R/o VillageKanchanpur, P.S.- Karakat, Dist.- Rohtas 2.

Ramesh Singh @ Ramesh Kumar Singh S/o Radha Singh @ Radhe Shyam Singh R/o Village- Kanchanpur, P.S.- Karakat, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners are apprehending arrest in connection with Karakat P.S. Case No. 93 of 2026 lodged on 03.03.2026, for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioners. Total recovery of 15 litres of illicit liquor has been made, which is the subject matter of the present case.

Patna High Court CR. MISC. No.36237 of 2026(2) dt.02-06-2026 2/3

5. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioners and their name has come in this case only on the basis of disclosure made by local chowkidar. He further submits that the petitioner no.1 has two criminal antecedents, whereas, the petitioner no.2 has clean antecedent.

6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the petitioner no.1 has two criminal antecedents and both the cases are registered under Excise Act and this aspect must be taken into consideration. He further submits that the petitioner no.2 has clean antecedent.

7. As such, in the present facts and circumstances of this case, let the above named petitioner no.2 namely, Ramesh Singh @ Ramesh Kumar Singh be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive Special Judge Excise Court no.1, Rohtas at Sasaram, in connection with Karakat P.S. Case No. 93 of 2026, subject to the conditions as

Patna High Court CR. MISC. No.36237 of 2026(2) dt.02-06-2026 3/3 laid down U/s 482(2) of the B.N.S.S., 2023.

8. So far as the petitioner no.1 namely, Satyendra Kumar is concerned, this Court is not inclined to grant bail to him. Accordingly, the prayer for anticipatory bail of the petitioner no.1 stands rejected.

9. However, if petitioner no.1 surrenders before the concerned Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day, without being prejudice that the anticipatory bail of the petitioner no.1 has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Divyansh/- U T