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Patna High CourtCR. MISC./57376/2025allowed

Satendra Kumar @ Satyendra Kumar v. The State Of Bihar

2025-09-25Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57376 of 2025 Arising Out of PS. Case No.-232 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Satendra Kumar @ Satyendra Kumar S/o Late Lakshman Singh, Resident of Village- Dhuan, Ward No.- 3, P.S- Sasaram (M), District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a)/62 of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 97.705 litre illicit liquor from the shop of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is running his shop on rent and he had no knowledge who kept the said illicit liquor in his shop. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner and he has no concern with the alleged seized liquor. He further submits that seizure list has not been prepared in accordance

Patna High Court CR. MISC. No.57376 of 2025(3) dt.25-09-2025 2/3 with mandatory provisions of law as there is no independent witness to the seizure list. Learned counsel submits that petitioner is in custody since 04.07.2025, having two criminal antecedents of similar nature, in which he is on bail and charge sheet had already been submitted in this case after completion of investigation. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, 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 Court concerned in connection with Excise Case No.489 of 2025 (Excise P.S. Sasaram F.I.R. No.232 of 2025) with following conditions:- (i) The petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the learned Trial Court;

Patna High Court CR. MISC. No.57376 of 2025(3) dt.25-09-2025 3/3 (ii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) Ritik/- U T