IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87393 of 2025 Arising Out of PS. Case No.-285 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1. Karn Kumar @ karan Kumar S/o Rajesh Sah R/o vill - Ekderwa, P.S.- Gopalganj Town, Distt.- Gopalganj 2. Manmohan Kumar @ Manmohan Kumar Pandey S/o Chintu Pandey R/o vill - Thawe Chintu Tola, P.s.- Thawe Town, Distt.- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepankar Raj, Adv For the Opposite Party/s : Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-12-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Dumariyaghat P.S. Case No. 285 of 2025, instituted for the offences punishable under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 346.575 liters of foreign liquor was recovered from car. Both the petitioners were arrested on spot. 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 Patna High Court CR. MISC. No.87393 of 2025(2) dt.18-12-2025 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners submits that petitioner no.1 was driver and petitioner no.2 was co-driver of the seized vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 03.10.2025. Petitioner no.1 has got clean antecedent and petitioner no.2 has got four criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP 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. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumariyaghat P.S. Case No. 285 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every Patna High Court CR. MISC. No.87393 of 2025(2) dt.18-12-2025 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. krishnakant/- (Rudra Prakash Mishra, J) U T