Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35456 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== Satish Kumar Son of Umesh Rai Resident of village - Bhadwas, Ps- Mahua, dist- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate For the State :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maharajganj Excise P.S. Case No-177 of 2025, dated14.04.2025, registered for the offences punishable under Sections 30(a)/32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation, 147.240 litres of illicit liquor has been recovered from a truck bearing Registration No. BR06GA6202.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the Petitioners have nothing to do

Patna High Court CR. MISC. No.35456 of 2025(3) dt.14-08-2025 2/3 with the alleged illicit liquor. He also submits that nothing has been recovered from the conscious possession of the Petitioner.

5. He further submits that the petitioner has been languishing in jail since 15.04.2025.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Maharajganj Excise P.S. Case No-177 of 2025 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his

Patna High Court CR. MISC. No.35456 of 2025(3) dt.14-08-2025 3/3 absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T