IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42834 of 2026 Arising Out of PS. Case No.-330 Year-2026 Thana- EXCISE MASAUDHI District- Patna ====================================================== Manish Kumar S/O Late Krishna Mohan Ray R/O Bidupur kali sthan, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Rai For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 06-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 19.05.2026 in connection with Excise Masaudhi P.S. Case No. 330 of 2026 for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act. 3. Recovery is of 171 liters of foreign liquor. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is next submitted that from perusal of the FIR and seizure list it appears that altogether 171 liters of foreign liquor was recovered from the vehicle in question and petitioner is not the owner of the vehicle in question. Learned counsel for the petitioner next submits that Patna High Court CR. MISC. No.42834 of 2026(2) dt.06-07-2026 2/3 petitioner has been made an accused in the present case merely on the ground that petitioner is driver of the vehicle in question. It is next submitted that from perusal of the seizure list it appears that the seizure list witnesses are police personnel so there is non-compliance of mandatory provisions of Sections 103 and 105 of BNSS, 2023 and petitioner is in custody since 19.05.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances and the fact that petitioner has clean antecedent and nothing has been recovered from the conscious possessions of the petitioner, 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 Excise Judge-II, Patna, District-Patna in connection with Masaudhi P.S. Case No. 330 of 2026, subject to 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 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient Patna High Court CR. MISC. No.42834 of 2026(2) dt.06-07-2026 3/3 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