Sanjeet Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37531 of 2026 Arising Out of PS. Case No.-241 Year-2026 Thana- Excise P.S. District- Purnia ====================================================== Sanjeet Choudhary S/o Late Thitar Choudhary Resident of Village- Tarapur, Tarbanna, Ward No.- 15, P.S.- Madhubani, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-06-2026 Heard Mr.Bijendra Kumar Singh, learned counsel for the petitioner and Mr.Arun Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 19.04.2026 in connection with Excise Sadar P.S. Case No. 241 of 2026, F.I.R. dated 18.04.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 500 Ml of country made liquor.
4. Learned counsel appearing for the petitioner submits that it appears from the FIR as well as the seizure list that 500 Ml of country made liquor was recovered from possession of the petitioner and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and seizure list witnesses
Patna High Court CR. MISC. No.37531 of 2026(2) dt.17-06-2026 2/3 are police personnel. In fact nothing has been recovered from conscious possession of the petitioner rather the police has planted the same and shown the recovery has been made from possession of the petitioner and petitioner has been made accused in the present case due to his previous criminal antecedents and the petitioner is in custody since 19.04.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 Exclusive Special Judge (Excise-2), Purnea in connection with Excise Sadar P.S. Case No. 241 of 2026, 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.37531 of 2026(2) dt.17-06-2026 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