IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29830 of 2026 Arising Out of PS. Case No.-193 Year-2026 Thana- MASHRAK District- Saran ====================================================== Piyush Kumar S/O Sanjay Singh @ Sanjay Kumar Singh R/O Village- Sikati Khanjaha, P.S.- Mashrakh, Distt.- Saran at Chhapra. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rananjay Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 05-05-2026 Heard Mr. Rananjay Kumar, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State. 2. Petitioner seeks bail, who is in custody since 29.03.2026, in connection with Mashrakh P.S. Case No. 193 of 2026, F.I.R. dated 29.03.2026 registered for the offences punishable under Sections 30(a)/37(B) of the Bihar Prohibition & Excise Amendment Act, 2022. 3. Recovery is of 05 litres of spirit liquor. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 05 litres of spirit liquor was recovered from the motorcycle in question and petitioner was found in drunken condition. Learned counsel for the petitioner Patna High Court CR. MISC. No.29830 of 2026(2) dt.05-05-2026 2/3 further submits that it appears from the seizure list that seizure list witnesses are Bihar Home Guard personnel so there is non- compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 29.03.2026. 5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters. 6. Considering the facts and circumstances of the case and the fact that there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Mashrakh P.S. Case No. 193 of 2026, subject to the following conditions :- (1) 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.29830 of 2026(2) dt.05-05-2026 3/3 reason, his bail bond shall be cancelled by the Court below. (2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (3) 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. Ibrar//- (Rajesh Kumar Verma, J) U T