IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18363 of 2026 Arising Out of PS. Case No.-29 Year-2026 Thana- BAISI District- Purnia ====================================================== Brajesh kumar @ Brajesh Master @ Brajesh yadav Son of Ram chandra Yadav R/o Village-Sakhari, Ward no 09, Near middle School, P.S. Patarghat, District -saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 24-03-2026 Heard Mr. Pawan Kumar, learned counsel for the petitioner and Ms. Gulnar Begum, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 08.02.2026 in connection with Baisi P.S. Case No. 29 of 2026, F.I.R. dated 19.01.2026 for the offences punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Amendment Act, 2022. 3. Recovery is of 297.840 liters of country made foreign liquor. 4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. Patna High Court CR. MISC. No.18363 of 2026(2) dt.24-03-2026 2/3 as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the car in question. He further submits that the petitioner has been made accused merely on the ground that he is owner of the said car in question and in fact, he has given his car to one Satyam Yadav who was apprehended along with the illicit liquor. He further submits that there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 08.02.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two criminal antecedents of similar nature other than the present one but fairly submits that he has been acquitted in one case and in another he is on bail. 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 Special Judge, Excise-01, Purnia in connection with Baisi P.S. Case No. 29 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 Patna High Court CR. MISC. No.18363 of 2026(2) dt.24-03-2026 3/3 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. Vanisha/- (Rajesh Kumar Verma, J) U T