IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35844 of 2026 Arising Out of PS. Case No.-56 Year-2026 Thana- MADHEPUR District- Madhubani ====================================================== Jiwachh Sah @ Makhan Sah Son of Late Dukhan Sah Resident of Village - Madhepur, Sangat Chowk, Ward No. 9, P.S.- Madhepur, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 19-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 05.03.2026 in connection with Madhepur P.S. Case No. 56 of 2026 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act. 3. The case of the prosecution, in brief, is that Kanchan Kumar Singh, the ASI., Madhepur Police Station (the informant) submitted a written report to the S.H.O., Madhepur Police Station alleging therein that on 27.02.2026 at 10.55A.M. he reached at the house of the petitioner with Police Force where two persons were talking who seeing the Police Force fled away and on chase one co-accused was arrested who disclosed the name of the petitioner who succeeded in fleeing Patna High Court CR. MISC. No.35844 of 2026(2) dt.19-06-2026 2/4 away. It is next alleged that on search the informant found 3 bottles containing 750M.L. each a Royal Stag Super Whiskey, 2.both containing 750M.L. each. Royal Green Classic Blended Whiskey and 2 bottles containing 3.75 M.L. from the house of Bimal Kumar one mobile from his pocket of Vivo Company mobile bearing No.6202640813 were seized. Thereafter it is also alleged that on search of shop of father of the petitioner from where 264 bottles containing 750M.L. Royal Stage superior whiskey total 198 liters, 216 bottle containing 750M.L.Royal Green Classic Blended whiskey total 162.00 liters, 132 bottles containing 750 ML. each Blenders pride Ultra Premium whiskey total 99 liters and 720 bottles containing 375M.L. Royal Green Classic Blended whiskey 720 bottles containing 375M.L. each total 270 liters, 48 bottles containing 180M.L.Royal Green Classic Blended whiskey total 270 liters and 1392 bottles containing 180M.L. each total 250.560 liters grand total 973.560 liters were recovered and seized and seized article and arrested persons were handed over to the S.H.O. for taking legal action. 4. Learned counsel for the petitioner submits that it appears from the FIR and seizure list that nothing has been recovered from the conscious possession of the petitioner rather Patna High Court CR. MISC. No.35844 of 2026(2) dt.19-06-2026 3/4 the recovery has been made from the grocery shop of the petitioner. It is next submitted that although the recovery has been made but the petitioner was not present at the place of occurrence and petitioner has been made an accused in this case merely on the basis of suspicion. Learned counsel for the petitioner further submits that the police after investigation has submitted charge-sheet and the petitioner is in custody since 05.03.2026. 5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits on the basis of supplementary affidavit that petitioner has antecedent of four cases other than the present case but fairly submits that petitioner is on bail in the pending matters. 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 Court of Exclusive Special Judge Excise Act, Jhanjharpur, District- Madhubani in connection with Madhepur P.S. Case No. 56 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be Patna High Court CR. MISC. No.35844 of 2026(2) dt.19-06-2026 4/4 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