Keshav Bharti @ Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36345 of 2026 Arising Out of PS. Case No.-54 Year-2026 Thana- MANJHAUL District- Begusarai ====================================================== Keshav Bharti @ Chanchal Kumar S/o Diwakar Kumar @ Mangal Singh R/o Village - Manjhaul - 1, Chaudhiya Tola, Ward No. 3, P.S - Manjhaul, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-06-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list would go to show that 121.53 liters of foreign liquor is said to have been recovered from a bag kept in the courtyard of the petitioner.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious or physical possession of the petitioner. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the courtyard. As a matter of fact, the place of recovery is an open place and easily accessible to anyone, hence no liability can be fixed on the petitioner. There is violation of the mandatory provisions of the

Patna High Court CR. MISC. No.36345 of 2026(2) dt.09-06-2026 2/2 search and seizure as there is no independent witness to the seizure list. Petitioner has been languishing in custody since 14.04.2026.

5. Learned APP for the State opposes the bail petition on the ground that the petitioner has one criminal antecedent of similar nature of the offence. In response, it is submitted on behalf of the petitioner that he is on bail in the said case.

6. Taking into consideration the fact and circumstances of the case and also considering the fact that there is violation of mandatory provisions of search and seizure, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Manjhaul P.S. Case No. 54 of 2026, subject to the further condition that:

(i) The petitioner shall cooperate in the investigation/trial. (ii) The one of the bailors will be a family member/close relative.

(Soni Shrivastava, J) Trivedi/- U T