IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27800 of 2026 Arising Out of PS. Case No.-161 Year-2026 Thana- CHAPRA TOWN District- Saran ====================================================== Baliram Kumar Ram S/o Lalan Ram R/o vill- Dahiyawa tola, Yoganiya Kothi, P.S- Town, Dist- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 27-04-2026 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and Mr. Abhay Kumar, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 19.02.2026 in connection with Town P.S. Case No. 161 of 2026, F.I.R. dated 18.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended). 3. Recovery is of 60 liters of Chulai 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 conscious possession of the petitioner rather the recovery of Patna High Court CR. MISC. No.27800 of 2026(2) dt.27-04-2026 2/3 altogether 60 liters of illicit liquor has been made from different places and petitioner has been made accused merely on the basis of disclosure made by the apprehended co-accused Rahul Baitha and thereafter, 20 liters of illicit liquor has been recovered from the house of the petitioner. He further submits that although seizure list shows that recovery has been made from the house of the petitioner but the seizure list witnesses are the police personnel, so there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 19.02.2026. 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 other than the present one but fairly submits that he is on bail in both the pending matters. 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 Exclusive Special Judge Excise-I, Saran at Chapra in connection with Town P.S. Case No. 161 of 2026 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be Patna High Court CR. MISC. No.27800 of 2026(2) dt.27-04-2026 3/3 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 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