Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36577 of 2026 Arising Out of PS. Case No.-158 Year-2025 Thana- JALE District- Darbhanga ====================================================== Sumit Kumar Son of Awadh Kumar Sah @ Avadhkishor Sah Resident of Village- Nagardih, Kaji Bahera, P.S.- Jale, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-06-2026 Heard Mr.Kumar Praveen, learned counsel for the petitioner and Mr.Arun Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 12.04.2026 in connection with Jale P.S. Case No. 158 of 2025, F.I.R. dated 22.08.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Recovery is of 1141.920 liters of foreign liquor.

4. Learned counsel appearing for the petitioner submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. It appears from the FIR that the recovery has been made from the vehicle in question and owner of the vehicle in question is one Umesh Kumar Singh and petitioner has no concern at all with the alleged recovery of illicit liquor or

Patna High Court CR. MISC. No.36577 of 2026(2) dt.15-06-2026 2/3 the vehicle in question and petitioner has been made accused in the present case merely on the basis of suspicion and except the suspicion, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 12.04.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but he fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, 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 learned Incharge Special Judge-I (Excise Act), Darbhanga in connection with Jale P.S. Case No. 158 of 2025,with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.36577 of 2026(2) dt.15-06-2026 3/3 (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) Nitesh/- U T