Sumit Koda @ Suvit Kada Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33404 of 2026

Arising Out of PS. Case No.-59 Year-2026 Thana- SURYAGARHA District- Lakhisarai

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Sumit Koda @ Suvit Kada S/o Mahendra Koda R/o Village - Sri Kishun Kodasi, (Pachhiyari Tola), P.S - Kajra, District - Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Mayank Bilochan, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 14-05-2026 Heard Mr. Mayank Bilochan, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned Additional Public Prosecutor for the State.

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Petitioner seeks bail who is in custody since 01.03.2026 in connection with Suryagarha P.S. Case No. 59 of 2026, F.I.R. dated 01.03.2026 for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amend.) Act, 2022.

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Recovery is of 158 liters of illicit country made liquor.

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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

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Patna High Court CR. MISC. No.33404 of 2026(2) dt.14-05-2026 2/3

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recovered from the conscious possession of the petitioner rather the recovery has been made from the motorcycle in question and petitioner is the owner of the said motorcycle. He further submits that the petitioner has no concern at all from the recovery of the illicit liquor. It appears from the seizure list that there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 01.03.2026.

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5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, 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 District & Additional Sessions Judge-IV-cum-Special Excise Court-I, Lakhisarai in connection with Suryagarha P.S. Case No. 59 of 2026 subject to the following conditions:-

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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 reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the

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Patna High Court CR. MISC. No.33404 of 2026(2) dt.14-05-2026 3/3

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witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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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.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Sumit Koda @ Suvit Kada v. The State of Bihar

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Sumit Koda @ Suvit Kada v. The State of Bihar

Case brief

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