Patna High Court

CR. MISC./58087/2026 of Uttam Kumar Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58087 of 2026 Arising Out of PS. Case No.-80 Year-2026 Thana- SITAMARHI District- Nawada ====================================================== Uttam Kumar S/o Sanjay Singh R/V- Nagma @ Nagwan, P.S.- Fatehpur, Dist.- Gaya @ Gayaji ... ...

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58087 of 2026

Arising Out of PS. Case No.-80 Year-2026 Thana- SITAMARHI District- Nawada ======================================================

Uttam Kumar S/o Sanjay Singh R/V- Nagma @ Nagwan, P.S.- Fatehpur, Dist.- Gaya @ Gayaji

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Arvind Kumar, Advocate

Mrs. Pragya Priya, Advocate

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioner and learned A.P.P. on behalf of the State.

2. This application is filed for grant of regular bail to the petitioner who has been made accused in connection with Sitamarhi P.S. Case No. 80 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended up-to-date).

3. As per the prosecution case, there is a recovery of 110 liters of country-made Mahua liquor from a blue-coloured Hero Glamour motorcycle bearing Registration No. JH12C- 5633. The petitioner was apprehended at the spot.

4. Learned counsel for the petitioner submits that he is innocent and has committed no offence and the entire allegation Patna High Court CR. MISC. No.58087 of 2026(2) dt.19-08-2026

leveled against the petitioner is wrong, false and fabricated. It is further submitted that the petitioner has been implicated in this case only on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said motorcycle. He had no knowledge about the seized liquor which was loaded on the motorcycle by the co-accused, Suraj Rajvanshi.

5. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 14.07.2026 and is having a clean antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, the period of custody and also taking into consideration the materials available on record, the petitioner, above named, is directed to be enlarged 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 Spl. Excise Court No.-I, Nawada in connection with Sitamarhi P.S. Case No. 80 of 2026 on the following conditions:-

(i) That one of the bailors should be family member of the petitioner.

Patna High Court CR. MISC. No.58087 of 2026(2) dt.19-08-2026

(ii) That the petitioner will cooperate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the Court, he should physically appear in Court on that date.

(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.

Ritwika/- (Kumar Manish, J) U T

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