Hari Govind Kumar @ Hari Gobind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36865 of 2026 Arising Out of PS. Case No.-121 Year-2026 Thana- ISUAPUR District- Saran ====================================================== Hari Govind Kumar @ Hari Gobind Kumar son of Awadhesh Ram Resident of Village - Mudwa Erazi Ward no. 11, Ps- Isuapur, Dist- Sran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Chetna, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2026 Heard Ms. Chetna, learned counsel for the petitioner and Mr. Mohammed Arif, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 11.04.2026 in connection with Isuapur P.S. Case No. 121 of 2026, F.I.R. dated 10.04.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 52 liters of illicit Spirit.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. She 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 of 52 liters of Spirit has been made from the
Patna High Court CR. MISC. No.36865 of 2026(2) dt.16-06-2026 2/3 place of occurrence. It appears from the seizure list that seizure list witnesses are police personnel so there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 11.04.2026.
5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
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 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Isuapur P.S. Case No. 121 of 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 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
Patna High Court CR. MISC. No.36865 of 2026(2) dt.16-06-2026 3/3 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) Vanisha/- U T