IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36000 of 2025 Arising Out of PS. Case No.-439 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== 1. Vipul Kumar S/O Kanhai Yadav R/O Village- Rajwari, P.S- Aurangabad Town, Dist.- Aurangabad. 2. Mantu Kumar S/O Bigan Yadav @ Vigan Yadav R/O Village- Rajwari, P.S- Aurangabad Town, Dist.- Aurangabad. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mukul Kumari, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-06-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Excise PS Case No. 439 of 2025 instituted for the offences under Sections 30(a), 32(3), 41(1) & 41(2) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 119 liters country made liquor was recovered from Auto. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have Patna High Court CR. MISC. No.36000 of 2025(2) dt.16-06-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioner No.1 was driving the Auto, whereas petitioner No.2 was passenger of the Auto in question. The petitioners are in custody since 27-04-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners 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 satisfaction of Court below/concerned Court in connection with Excise PS Case No. 439 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T