Patna High CourtCR. MISC./38112/2026bail granted

Sachin Kumar v. The State Of Bihar

2026-06-17Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38112 of 2026 Arising Out of PS. Case No.-2454 Year-2026 Thana- Excise P.S. District- Patna ====================================================== Sachin Kumar Son of Ram Pravesh Ray R/O- Patthar Ghat, P.S.- Malsalami, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kr. Arya, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-06-2026 Heard Mr. Mithilesh Kr. Arya, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 08.04.2026, in connection with Excise P.S. Patna Case No. 2454 of 2026, F.I.R. dated 17.04.2026 registered for the offences punishable under Sections 30(a)/41 and 56(b) of the Bihar Prohibition & Excise Act.

3. Recovery is of 150.00 litres of country made Mahua liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether

Patna High Court CR. MISC. No.38112 of 2026(2) dt.17-06-2026 2/3 150.00 litres of country made Mahua liquor was recovered from the Tempo in question and petitioner has been made accused merely on the ground that he is the driver of the Tempo in question. It appears from the seizure list that the seizure list witnesses are official personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 18.04.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released 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 learned Exclusive Special Court of Excise-III, Patna in connection with Excise P.S. Patna Case No. 2454 of 2026, subject to the following conditions :-

(1) 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

Patna High Court CR. MISC. No.38112 of 2026(2) dt.17-06-2026 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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) Ibrar//- U T