IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31487 of 2025 Arising Out of PS. Case No.-170 Year-2025 Thana- Excise P.S. District- Kishanganj ====================================================== 1. Prakash Kumar Badal Son of Late Sanjay Kumar Ram Village- Sukhasan ward no. 10, Thana -Singeshwar, District -Madhepura Bihar 2. Bipin Kumar son of Umesh Yadav @ Umesh Kumar Village- Sukhasan ward no. 10, Thana -Singeshwar, District -Madhepura Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Madya Nisedh P.S. Case No. 170 of 2025 giving rise to Special Case No. 178 of 2025 instituted for the offences under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, the police has recovered total 281.880 liters of illicit foreign liquor from two cars. Both the petitioners were arrested on spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case with false and frivolous allegations and due to Patna High Court CR. MISC. No.31487 of 2025(2) dt.13-05-2025 2/3 highhandedness of the local village politics. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioners. The petitioner no.1 is the driver of vehicle bearing Regd. No. BR38 6523 from which 81.840 liters of different type of foreign liquor has been recovered. The petitioner no.2 is the driver of the vehicle bearing Regd. No. BR01EM 1422 from which total 200.040 liters of liquor was recovered. The petitioners have no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioners have no criminal antecedent and is languishing in judicial custody since 05.04.2025 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the Patna High Court CR. MISC. No.31487 of 2025(2) dt.13-05-2025 3/3 satisfaction of Court below/concerned Court in connection with Madya Nisedh P.S. Case No. 170 of 2025 giving rise to Special Case No. 178 of 2025. rishi/- (Rudra Prakash Mishra, J) U T