Satyanarayan Das @ Satyanarayan Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41311 of 2026 Arising Out of PS. Case No.-187 Year-2026 Thana- Excise P.S. District- Banka ====================================================== Satyanarayan Das @ Satyanarayan Harijan, S/o Soni Harijan, Resident of Village- Domuhan, P.S.- Banka, Dist.- Banka.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shubhesh Pandey, Advocate For the State :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Banka Excise PS. Case No.187 of 2026, dated-27.04.2026, registered for the offences punishable under Section 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per allegation, 70 liter of illicit liquor has been recovered from a plastic sack tied with the dickey and seat of the motorcycle of the co-accused, Nandu Kumar and as per the confessional statement of the co-accused before the police, the Petitioner is also involved in sale of illicit liquor.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.41311 of 2026(2) dt.01-07-2026 2/3 case. He further submits that there is no recovery from the possession of the Petitioner. The only allegation against him is that he is engaged in the sale of illicit liquor. He further submits that the prosecution case is based only on confessional statement of the co-accused before the police which has no evidentiary value.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection

Patna High Court CR. MISC. No.41311 of 2026(2) dt.01-07-2026 3/3 with Banka Excise PS. Case No.187 of 2026, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T