IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 37312 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- Excise Mashrakh District- Saran ====================================================== Prabhu Kumar Gupta @ Prabhu Sah S/O Suresh Prasad Gupta @ Suresh prasad Resident of Village - Patliputra, P.S- Patliputra,Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 16-06-2026 Heard Mr. Gajendra Kumar Singh, learned counsel for the petitioner and Mr. Anil Prasad Singh, the learned A.P.P. for the State. 2. The petitioner seeks bail, who is in custody since 29.04.2026 in connection with Mashrakh P.S. Case No. 55 of 2026, F.I.R. dated 28.04.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. Recovery is of 189.640 liters of foreign/spirit liquor. 4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR as well as the seizure list that 54.640 liters of Indian made foreign liquor/beer was recovered from the possession of Patna High Court CR. MISC. No. 37312 of 2026(2) dt.16-06-2026 2/3 co-accused persons and 135 liters of spirit was recovered from the bus in question. Learned counsel for the petitioner submits that the petitioner has been made accused in the present case merely on the ground that he is the conductor of the bus in question. Learned counsel for the petitioner submits that the petitioner has no concern at all with the alleged recovery of illicit liquor or the spirit in question and there is non-compliance of Sections 103 and 105 of the BNSS, 2023 and the petitioner is in custody since 29.04.2026. 5. Learned APP for the State has opposed the prayer for bail of the petitioner. 6. Considering the aforesaid fact, petitioner has clean antecedent, recovery has been made from possession of other co-accused person and the bus in question and there is non- compliance of Sections 103 and 105 of the BNSS, 2023, 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 learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Mashrakh P.S. Case No. 55 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be Patna High Court CR. MISC. No. 37312 of 2026(2) dt.16-06-2026 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/her absence on two consecutive dates without sufficient reason, his/her 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. Nitesh/- (Rajesh Kumar Verma, J) U T