IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27770 of 2026 Arising Out of PS. Case No.-80 Year-2026 Thana- Excise P.S. District- Saharsa ====================================================== Satish Kumar Singh S/o- Devnarayan Singh @ Deonarayan Singh R/o - Bara, Ward No.07, P.S - Gwalpara, District - Madhepura, P/A- Islamiyan Chowk W.No-16/19 Ps- Sadar Dist- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 27-04-2026 Heard Dr. Sanjay Kumar Singh, learned counsel for the petitioner and Ms. Asha Devi, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 21.02.2026 in connection with Saharsa Excise P.S. Case No. 80 of 2026, F.I.R. dated 20.02.2026 for the offences punishable under Section 30(a) and of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. Recovery is of 80.790 liters of illicit 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. as well as seizure list that nothing has been recovered from the Patna High Court CR. MISC. No.27770 of 2026(2) dt.27-04-2026 2/3 conscious possession of the petitioner rather the recovery of altogether 80.790 liters of illicit liquor has been made from the half constructed house of the petitioner which is an open place. It appears from the seizure list that the seizure list wintesses are the police personnel, so there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 21.02.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the recovery has been made from the house of the petitioner and apart from that the petitioner carries one criminal antecedent of similar nature other than the present one but fairly submits that he is on bail in the pending matter. 6. Considering the aforesaid facts and circumstance, 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-I, Saharsa in connection with Saharsa Excise P.S. Case No. 80 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 Patna High Court CR. MISC. No.27770 of 2026(2) dt.27-04-2026 3/3 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