IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31478 of 2026 Arising Out of PS. Case No.-87 Year-2026 Thana- MEHANDIGANJ District- Patna ====================================================== Manish Kumar @ Jacky Son of Harinath Mahto R/o- Maheshpur, P.S.- Mehandiganj, Dist.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rushali, Advocate : Mr. Adarsh Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 08-05-2026 Heard Ms. Rushali, learned counsel for the petitioner and Mr. Rajesh Kumar, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 30.03.2026 in connection with Mehandiganj Excise P.S. Case No. 87 of 2026 for the offence punishable under Sections 30(a) and 41(1) 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 615.24 liters of foreign liquor and 1908 liters of beer from Samudayik Bhawan. 4. Learned counsel for the petitioner submits that it appears from the FIR and seizure list that recovery has been made from the Samudayik Bhawan and the petitioner has been Patna High Court CR. MISC. No.31478 of 2026(2) dt.08-05-2026 2/3 made an accused in the present case merely on the basis of secret information and except the aforesaid nothing has come to suggest the involvement of the petitioner with the present occurrence. It is next submitted that the allegation against the petitioner is of recovery of 615.24 liters of foreign liquor and 1908 liters of beer from Samudayik Bhawan and the same is under construction. It is next submitted that the petitioner has no role at all in the present occurrence and petitioner is in custody since 30.03.2026. 5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of one case other than the present case but fairly submits that petitioner is on bail in the pending matter. 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 of Excise, Patna City (Bihar) in connection with Mehandiganj Excise P.S. Case No. 87 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be Patna High Court CR. MISC. No.31478 of 2026(2) dt.08-05-2026 3/3 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 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