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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35920 of 2026 Arising Out of PS. Case No.-180 Year-2026 Thana- BANIAPUR District- Saran ====================================================== Ankaj Kumar S/o Havaldar Prasad @ Bahoram Prasad R/o vill - Nagdiha, P.s.- Baniapur, Distt.- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Anuj, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 08-06-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 540 litre of illicit liquor was recovered from the bush.
4. Learned counsel for the petitioner submits that the recovery has been made from an open place, which is easily accessible to all, however, identification of the petitioner has been made by Mahal Choukidar. Further, there is no compliance of statutory provisions of search and seizure. The petitioner is in custody since 20.04.2026.
5. Learned APP for the State opposed the grant of
Patna High Court CR. MISC. No.35920 of 2026(2) dt.08-06-2026 2/2 bail on the ground that the petitioner has two criminal antecedents. However, in response it has been submitted that the petitioner is on bail in both the cases.
6. Taking into consideration the facts and circumstances of the case, let the above named petitioner, 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 the learned 1st Exclusive Special Excise Court, Saran at Chapra/concerned Court below in connection with Baniapur P.S. Case No. 180 of 2026 subject to condition that:- (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister. (ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
anand/- (Soni Shrivastava, J) U T