IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31459 of 2026 Arising Out of PS. Case No.-190 Year-2026 Thana- Excise P.S. District- Sheikhpura ====================================================== BIPIN CHAUDHARY S/o Badri Chaudhary R/o vill - Chhathiyara, P.s.- Karandey, Distt.- Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Nandan Prasad For the Opposite Party/s : Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 08-05-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for the petitioner and Ms. Pushpa Sinha.1, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 22.04.2026 in connection with Sheikhpura Excise P.S. Case No. 190 of 2026 for the offence punishable under Section 30(a)of the Bihar Prohibition and Excise Amendment Act. 3. The case of the prosecution, in short, is that the allegation against the petitioner is of recovery of 65 liters of fermented country made wine, 9 liters of country made wine and 2 liters of fermented wine of liquor from the bathroom of the petitioner. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and it appears from the FIR and Patna High Court CR. MISC. No.31459 of 2026(2) dt.08-05-2026 2/3 seizure list that recovery has been made from the bathroom of the petitioner and the same is an open place and the petitioner has no role at all with the alleged occurrence. It is next submitted that the petitioner has been made an accused in the present case merely on the basis of suspicion as the petitioner is the owner of the bathrroom. It is next submitted that from perusal of the seizure list it appears that the seizure list witnesses are police personnel so there is non-compliance of mandatory provisions of Sections 103 and 105 of BNSS, 2023 and petitioner is in custody since 22.04.2026. 5. The learned Additional Public Prosecutor for State 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 Incharge Special Excise Judge, Sheikhpura in connection with Sheikhpura Excise P.S. Case No. 190 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.31459 of 2026(2) dt.08-05-2026 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. Gaurav Sinha/- (Rajesh Kumar Verma, J) U T