IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4318 of 2026 Arising Out of PS. Case No.-78 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Sandul Rai @ Rishu Rai @ Sandool Rai Son of Late Suneshwar Rai Resident of village - Baraipatti, P.S.- Yadopur (Jadopur), District - Gopalganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Mili Kumari, Advocate For the Opposite Party/s : Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Vishambharpur (Bishambharpur) P.S. case No. 78 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 144 liters liquor was recovered from motorcycle. 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.4318 of 2026(2) dt.27-01-2026 2/3 further submitted that the name of the petitioner has transpired on the basis of disclosure made by local chowkidar. The petitioner has got no concern with the motorcycle in question. The petitioner is in custody since 26.11.2025 and has got ten criminal antecedents in which he is on bail in all the cases as stated in paragraph 3 of the bail application. 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. The petitioner has 10 criminal antecedents of similar nature and he may not be released on bail. 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 Vishambharpur (Bishambharpur) P.S. case No. 78 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. Patna High Court CR. MISC. No.4318 of 2026(2) dt.27-01-2026 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) 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. (IV) The petitioner shall not leave the territorial jurisdiction of the Court below without its prior permission. Pankaj/- (Rudra Prakash Mishra, J) U T