IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70471 of 2025 Arising Out of PS. Case No.-560 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1. Sonu Kumar, aged about 25 years, Male, Son of Late Kedar Singh, Resident of Village-Bhadkudiya, P.S.- Pahleja, District- Rohtas. 2. Om Prakash Kumar, aged about 39 years, Son of Rameshwar Singh, Resident of Village-Balrati Bigha, P.S.- Pahleja, District- Rohtas (Sasaram) Bihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aquaib Khan, Advocate For the Opposite Party/s : Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 08-10-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Excise P.S. Case No. 560 of 2025 instituted for the offences punishable under Sections 30(a), 32(i), 32(iii) and 41(1) (2) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per the prosecution case, on search, 8 PM Special Blend of Scotch and Indian Grain Whisky 180 ml of 22 peti per peti 48 pieces each box were recovered from the Mahindra Bolero and total quantity of foreign made liquor was 190.080 liters. 4. Learned counsel for the petitioners submits that the Patna High Court CR. MISC. No.70471 of 2025(2) dt.08-10-2025 2/3 petitioners are innocent and have committed no offence and have falsely been implicated in this case merely on the basis of mere suspicion. He submits that the total quantity of illegal foreign liquor were recovered from a Mahindra Bolero Vehicle. Petitioner no. 1 is the driver of the said vehicle and petitioner no. 2 is also sitting in the vehicle. Petitioners have got clean antecedent as stated in para 3 of the petition is in custody since 08.09.2025. 5. Learned APP opposes the prayer for bail. 6. From perusal of the FIR and impugned order of the learned Exclusive Special Judge (Excise)-II, Kaimur at Bhabua dated 16.09.2025, it appears that on the basis of written report of the informant namely Sandeep Kumar Singh, Office Superintendent Excise, Kaimur at Bhabua, FIR has been registered under Sections 30(a), 32(i), 32(iii) and 41(1) (2) of the Bihar Prohibition and Excise (Amendment) Act, 2022 against three accused persons including the present petitioners. It also appears that total 190.080 liters of illegal liquor has been recovered from the Mahindra Bolero bearing Registration No. JH01AJ-1075. It also appears that both the petitioners are arrested at the spot but there is no any independent witness of he seizure list, so considering all these aspects of the case and Patna High Court CR. MISC. No.70471 of 2025(2) dt.08-10-2025 3/3 submission of learned counsel for the petitioner, I am inclined to grant bail to the petitioners. 7. Accordingly the prayer for bail of the petitioners are allowed. Let the petitioners above named 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 the learned Exclusive Special Judge (Excise)-II, Kaimur at Bhabhua in connection with Excise Kaimur (Bhabhua) P.S. Case No. 560 of 2025. Anand Kr. (Ramesh Chand Malviya, J) U T