IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21356 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- Excise P.S. District- Nawada ====================================================== Pintu Ray S/o Late Hardayal Ray R/o Village- Kanchanpur Dhanushi, P.S- Kartahan, Dist- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 01-04-2026 Heard Mr. Man Mohan Kumar, learned counsel for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 03.01.2026 in connection with Nawada Excise P.S. Case No. 07 of 2026, F.I.R. dated 02.01.2026 for the offences punishable under Section 30(a), 47, 41 of the Bihar Prohibition and Excise Act, 2018. 3. Recovery is of 1400 liter (14000x100) Codein Phosphate & Triprolidine Hydrochloride Syrup. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been Patna High Court CR. MISC. No.21356 of 2026(2) dt.01-04-2026 2/3 recovered from the conscious possession of the petitioner rather the recovery has been made from truck in question. Petitioner is the driver of the truck in question and he was carrying the syrup as per the direction of Pink Logistic Company and he was not aware about the consignment which was kept in the truck in question. He further submits that there is non-compliance of Section 103 and 105 of BNSS. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 03.01.2026. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, 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 the learned Exclusive Special Court, Excise-2, Nawada in connection with Nawada Excise P.S. Case No. 07 of 2026, subject to 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 absence on two consecutive dates without sufficient Patna High Court CR. MISC. No.21356 of 2026(2) dt.01-04-2026 3/3 reason, his bail bond shall be cancelled by the Court below. 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. Suruchi/- (Rajesh Kumar Verma, J) U T