IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27198 of 2026 Arising Out of PS. Case No.-34 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Vikesh Kumar S/o Prabhu Paswan Resident of Village- Singhiya Ghat, Ward No.6, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dipak Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 22-04-2026 Heard Mr. Dipak Kumar, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 20.02.2026 in connection with Chapra Rail P.S. Case No. 34 of 2026, F.I.R. dated 20.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. Recovery is of 41.36 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. He further submits that it appears from the F.I.R. as well as seizure list that altogether 41.360 liters of illicit foreign liquor has been recovered on the spot(train coach), out of which, 25.25 liters of illicit liquor from the Patna High Court CR. MISC. No.27198 of 2026(2) dt.22-04-2026 2/3 possession of co-accused, Jitendra Kumar and 16.11 liters of illicit liquor from the possession of the petitioner. He further submits that there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 20.02.2026. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is non-compliance of Section 103 and 105 of BNSS, 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 Court-03, Saran(Chapra) in connection with Chapra Rail P.S. Case No. 34 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 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. Patna High Court CR. MISC. No.27198 of 2026(2) dt.22-04-2026 3/3 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. Suruchi/- (Rajesh Kumar Verma, J) U T