IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38861 of 2026 Arising Out of PS. Case No.-365 Year-2025 Thana- DORIGANJ District- Saran ====================================================== Neeraj Kumar @ Niraj Kumar S/O Late Fagu Mahto Resident of village- Jagdishpur, PS- Doriganj, district Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Shambhawi, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 22-06-2026 Heard Ms.Shambhawi, learned counsel for the petitioner and Mr.Suresh Prasad Singh, learned A.P.P. for the State. 2. The petitioner seeks bail, who is in custody since 10.05.2026 in connection with Doriganj P.S. Case No. 365 of 2025, F.I.R. dated 25.10.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment)Act,2022. 3. As per FIR, the police has recovered 100 liters of illicit semi-fermented liquor which was destroyed by the police on the spot and also recovered total 30 litres of illicit spirit liquor from the spot. 4. Learned counsel appearing for the petitioner submits that from a bare perusal of the FIR it appears that the Patna High Court CR. MISC. No.38861 of 2026(2) dt.22-06-2026 2/3 police has recovered 100 liters of illicit semi-fermented liquor which was destroyed by the police on the spot and also recovered total 30 litres of illicit spirit liquor from the spot. Further submits from a bare perusal of the FIR it appears that the seizure list witnesses are police personnel so there is non- compliance of Sections 103 and 105 of BNSS, 2023 and petitioner was not apprehended at the place of occurrence and name of the petitioner has been transpired during investigation and the petitioner is in custody since 10.05.2026. 5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one but he fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition. 6. Considering the aforesaid fact, 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 Doriganj P.S. Case No. 365 of 2025,with 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 Patna High Court CR. MISC. No.38861 of 2026(2) dt.22-06-2026 3/3 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