IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59213 of 2026 Arising Out of PS. Case No.-247 Year-2026 Thana- BAISI District- Purnia ====================================================== ASHISH KUMAR Son of Bablu Prasad Singh @ Barun Singh @ Varun Kumar Singh Resident of Village- Madhukarchak (Ward No. 4), P.S.- Parmanandpur, District- Madhepura. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 2 19-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State. 2.Petitioner is in custody in connection with Baisi P.S. Case No. 247/2026 registered for the offence punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Amendment Act, 2022. 3. As per the allegation in the FIR, total 839.3 litres foreign liquor of different brands were recovered from the Bolero pick up vehicle bearing Registration No. BR11GE-6967. 4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case merely on the basis of suspicion. He next submits that nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the Bolero pick up vehicle. He Patna High Court CR. MISC. No.59213 of 2026(2) dt.19-08-2026 2/3 further submits that the petitioner is neither the driver nor the owner of the said vehicle and he has no concern with the recovered liquor in any manner. He further submits that the petitioner has been dragged in this case during investigation only on the basis of confessional statement of co-accused namely, Nitish Kumar. He further submits that the mandatory provision with regard to search-cum-seizure has not been complied by the police under Section 103 of B.N.S.S. He next submits that the petitioner is in custody since 26.06.2026 and he has got two criminal antecedents, in which, he is on bail, as per paragraph 3 of the bail petition. 5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has two criminal antecedents other than the present one and one case is similar in nature to the present one. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Exclusive Special Judge (Excise) Court No-1, Purnea in connection with Baisi P.S. Case No. 247/2026, subject Patna High Court CR. MISC. No.59213 of 2026(2) dt.19-08-2026 3/3 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 tamper with the evidence or the witness, 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 antecedents, 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. dhaneshwar/- (Girijish Kumar, J) U T