IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27273 of 2026 Arising Out of PS. Case No.-111 Year-2026 Thana- KESARIA District- East Champaran ====================================================== Rupesh Rai Son of Pundev Rai @ Pundev Ray Resident of Village - Kadhan Ward No. - 06, P.S.- Kesariya, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 22-04-2026 Heard Mr.Abhishek Kumar, learned counsel for the petitioner and Mr.Sanjay Kumar Pandey, learned A.P.P. for the State. 2. The petitioner seeks bail, who is in custody since 09.03.2026 in connection with Kesariya P.S. Case No. 111 of 2026, F.I.R. dated 08.03.2026 registered for the offence punishable under Sections 30(a),32,41(1) of Bihar Prohibition and Excise Act. 3. Recovery is of 354.240 liters of English liquor from Banswari behind the house of Manokamna Singh and 155.52 liters of English liquor from the Bolero vehicle. 4. Learned counsel appearing for the petitioner submits that it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of Patna High Court CR. MISC. No.27273 of 2026(2) dt.22-04-2026 2/3 the petitioner rather 354.240 liters of English liquor was recovered from the Bamboo Orchard behind the house of Manokamna Singh and 155.52 liters of English liquor was recovered from the Bolero vehicle in question. Learned counsel for the petitioner submits that nothing has been recovered from conscious possession of the petitioner. Name of the petitioner has been transpired during investigation on the basis of the disclosure made by the local Chaukidar. As per allegation in the FIR, the petitioner was escaped from the place of occurrence. Further submits that from a bare perusal of the FIR as well as the seizure list that there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 09.03.2026. 5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one of similar nature 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 Exclusive Special Excise Patna High Court CR. MISC. No.27273 of 2026(2) dt.22-04-2026 3/3 Court No.-3, Motihari, East Champaran in connection with Kesariya P.S. Case No. 111 of 2026, 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 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