IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47585 of 2026 Arising Out of PS. Case No.-274 Year-2026 Thana- Excise P.S. District- Begusarai ====================================================== Biresh kumar @ Viresh Kumar S/o Late Abhinandan Singh R/o vill - Harpur, ward no. 11, P.S.- Refinary, Distt.- Begusarai, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivam Prerna, Advocate For the Opposite Party/s : Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-07-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Excise P.S. Case No. 274 of 2026 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 108 liters liquor was recovered from the house of the petitioner and the petitioner was arrested on spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is Patna High Court CR. MISC. No.47585 of 2026(2) dt.16-07-2026 2/3 further submitted that that recovery is made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 14.06.2026 and has got ten criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 274 of 2026 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause. (III) The petitioner will not tamper with the evidence Patna High Court CR. MISC. No.47585 of 2026(2) dt.16-07-2026 3/3 or the witnesses during the trial. (IV) Petitioner shall not commit offence of similar nature in future. (V) Petitioner shall not leave the territorial jurisdiction of the learned Court below without taking prior permission of the Court concerned. If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner. sukriti/- (Rudra Prakash Mishra, J) U T