IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16753 of 2026 Arising Out of PS. Case No.-503 Year-2025 Thana- Excise P.S. District- Saharsa ====================================================== Rakesh Kumar Son of Ajay Das @ Ajay Kumar Das Resident of Mohalla- Gautam Nagar, Gangjala, Ward No. 16, P.S. and District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 17-03-2026 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 22.11.2025 in connection with Excise P.S. Case No. 503 of 2025, F.I.R. dated 21.11.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. 3. Recovery is of 14.220 liters of foreign liquor and 100 liters of cough syrup. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent 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 Patna High Court CR. MISC. No.16753 of 2026(2) dt.17-03-2026 2/3 14.220 liters of foreign liquor and 100 liters of cough syrup have been recovered from the dilapidated house of the petitioner and the same house is open from all the corners. There is non- compliance of Section 103/105 of the BNSS, 2023. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.11.2025. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, recovery has been made from the dilapidated house of the petitioner and there is non- compliance of Section 103/105 of the BNSS, 2023, 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 (Excise) Judge-I, Saharsa in connection with Excise P.S. Case No. 503 of 2025, 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 on his absence on two consecutive dates without sufficient Patna High Court CR. MISC. No.16753 of 2026(2) dt.17-03-2026 3/3 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